
Moot Court: America's Written Constitution with Akhil Reed Amar
A bonus session from Akhil Reed Amar's Yale constitutional law course, led by teaching assistants Nick Crown and Bradley Silverman. The first half walks through how a case actually reaches the Supreme Court: certiorari, the roughly 10,000 petitions filed each year against the 75 or so heard, why courts of appeals are the practical endpoint for most litigants, and how majority, plurality, concurring, and dissenting opinions carry different precedential weight, illustrated by Harlan's lone Plessy dissent becoming the logic of Brown v. Board. The second half turns into an actual moot court, arguing two cases then pending before the Court. Holt v. Hobbs tests whether an Arkansas prison can bar a Muslim inmate from growing a half-inch beard, pulling in Employment Division v. Smith, RFRA, RLUIPA, and Hobby Lobby. Elonis v. United States asks whether Facebook posts styled as rap lyrics require proof of intent to threaten or only a reasonable listener's fear. Chapter markers track each stage of the argument.