EXERCISE TWO (Baby Jessica Case)
All students should prepare to play the lawyer's role (Scarnecchia) for an imaginary meeting at the University of Michigan Child Advocacy Clinic with Jan DeBoer (the adoptive father) to discuss whether to continue efforts to appeal the case to the U.S. Supreme Court after Justice Stevens has denied the DeBoers' emergency motion to stay Jessica's transfer back to the Schmidts pursuant to the decision of the Michigan Supreme Court. (See Case Studies: Volume II (A):53-62 and the assigned readings on the syllabus.) The petition for certiorari has not yet been filed.
You will be "Sam" Scarnecchia if you are a man. I will play the role of Jan DeBoer. Robby DeBoer will not be present and has not yet discussed this issue with Scarnecchia; Robby is too upset by the denial of the stay to meet with you today. You will continue to represent the DeBoers if they do want to file the petition for certiorari but you should discuss both (1) whether it would be in the best interests of the DeBoers and Jessica to continue the legal battle further and (2) the risk of "making bad law for the whole country" if the Supreme Court did grant review but then ruled against the DeBoers.
You will have up to 15 minutes.