Guest Column: ECA General Counsel Outlines Road Ahead for Schwarzenegger Case

October 25, 2010 -

With all of the interest around the violent video game case, Schwarzenegger v EMA, we get questions daily on the process, the case, the legal principals, our amicus brief, others’ briefs, and what is going to happen on the day of oral arguments and beyond. While we hope that the following information will shed some light on the oral argument process, we also routinely refer folks to the Supreme Court website, as well as to relevant articles on GamePolitics.

The Supreme Court of the United States (SCOTUS or Court) building is an impressive edifice and celebrated its 75th birthday just last week. While it is open to the public, as are the SCOTUS oral arguments, seating is extremely limited for the public in the courtroom. There are somewhere between 50-100 seats available in total. Guests of the Justices and a certain number of lawyers for and guests of the named parties, members of the SCOTUS bar, and members of the SCOTUS press corps all are allowed in first. Both the bar and the press corps are made up of folks in those professions, who have gone through the process to become a member of their respective SCOTUS professional group.
 
Then, after all those folks go in, any remaining seats may be filled by people who line up outside the court building. Some people line up the night before, but most people begin showing up a little before 8:00 am. The public is allowed in at 9:30 to begin the security process, and the first oral argument always begins at 10:00 am. Schwarzenegger is the first case on the docket for November 2nd.

Additionally, sometimes groups stage rallies on the SCOTUS steps. It is common and routine for consumer advocacy groups like ECA, AARP, NARAL, NOW and others to put on such rallies on important constitutional questions.

Once everyone is seated, the entrance doors in the back of the courtroom are closed. Recording devises and cell phones are forbidden, and the oral arguments are not broadcast outside the room live. Within 24 hours, the official court reporter’s transcript is put online at the SCOTUS website. While SCOTUS’ blog (http://ussc.blogspot.com) recently announced that SCOTUS would routinely begin offering radio feeds of oral arguments in the weeks after the fact, they still will not be offering video.
 
Everyone in the audience sits waiting in hushed silence.  Then three doors on the other, far side of the room open, the court marshal comes out and asks everyone to rise and stand for the entry of the Justices. Everyone rises to their feet and the Justices file in wearing their long black robes and take their seats at the bench, and everyone else sits and the court is brought to order. It’s a tremendously impressive process, especially when one visits the courtroom for the first time.

The first case for the day is called, here Schwarzenegger v EMA, and the attorneys for the two sides are called forward. First the Petitioner speaks for approximately 30 minutes giving their argument; in our case, it will be the California Attorney General. The Justices break in to ask questions in a rapid-fire Q&A. Then the Respondent has approximately 30 minutes to argue their side; in our case, it will be Paul Smith from Jenner & Block representing the Entertainment Merchants Association (EMA) and the Entertainment Software Association (ESA). Again, the Justices break in and there is some back and forth with questions and answers.

That’s it. It’s very fast and almost before it began, the oral arguments in the case are all over.

Then the waiting begins again. The court generally hands down its decisions during its then-current term, which in our case ends June 30th 2011. By way of comparison, last term’s decision in the landmark First Amendment case, US v Stevens, was handed down over seven months after oral arguments.  The timing of the decision relates to a lot of considerations like who writes the opinion, how split the Justices are, are there any dissent(s), and how backed up they are with other cases. There’s really no way to tell. All we can know is that there will be much nail biting and head scratching between the oral argument in a couple of weeks and the decision being handed down in a number of months.

If you’re interested in participating in the case, keep an eye on our website for more information about the rally. We also maintain a dedicated page that highlights relevant coverage. And the consumer petition that is referenced in the ECA’s amicus brief is available here along with a bunch of social networking tools and ways for you to spread the word about the petition and case.


Jennifer Mercurio (herself a member of the SCOTUS Bar) is the Vice President & General Counsel for the Entertainment Consumers Association (ECA), the nonprofit membership organization that represents gamers in the U.S. and Canada.

Disclosure: GamePolitics is a publication of the ECA

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
ZippyDSMleeIn't the adventure map just regurtiated content in diffrent sqaures?09/30/2014 - 12:24pm
MaskedPixelanteThe phasing out of the iPad 2 begins. Pokemon TCG Online REQUIRES an iPad with a retina display to run.09/30/2014 - 12:05pm
Andrew EisenIf you can't get enough of Hyrule Warriors' gameplay, yeah, it's looking like a pretty good deal.09/30/2014 - 12:03pm
E. Zachary KnightSo a Tetris movie is happening. Here is the link. Reads like a joke: http://blogs.wsj.com/speakeasy/2014/09/30/tetris-movie/09/30/2014 - 11:47am
E. Zachary KnightSo is it worth getting the Season Pass?09/30/2014 - 11:45am
Andrew EisenWow. The Hyrule Warriors DLC is more extensive than I thought. The new scenario in the first pack is a full five levels and the new Adventure Map is a whole new map, all 128 squares. Yowza!09/30/2014 - 11:08am
Andrew EisenI'm most pleased that the Quick Start Menu will now launch when the Wii U is powered on from the TV Gamepad TV Remote. I felt that was a huge oversight and I'm glad it's been corrected.09/30/2014 - 11:06am
MaskedPixelanteHey look, Nintendo figured out folders on the Wii U. I mean, yeah, they figured out folders on the 3DS several years ago, but these are BETTER! These... uhh... actually display the full folder name on the home screen instead of just the first letter...09/30/2014 - 9:19am
Technogeek(Yeah, it's not game related, but my brother is a car nerd and loves to bring this up whenever there's an excuse to laugh at CNN.)09/30/2014 - 8:48am
TechnogeekDid someone say "actual knowledge ruins the news"? http://jalopnik.com/how-much-can-cnn-get-wrong-about-f1-engines-physics-in-111142340509/30/2014 - 8:47am
NeenekoHeh. PoliSci tends to ruin the news. Kinda like how being a gamer tends to ruin mainstream game stories, any actual knowledge in a field highlights how poorly it is reported.09/30/2014 - 8:30am
MechaTama31Heh. I don't think you need a master's in politics to see that... ;)09/30/2014 - 7:32am
Matthew WilsonTrust me i read the same sites.I have a Master's in Applied Politics. I get to see through the spin both Left and Right that tend to be put on news stories.09/30/2014 - 1:02am
WymorenceI also have an extremely hard time in listening to people who froth at the mouth when the POTUS does something almost identical to the previous POTUS, but for some reason is subhuman for it this time around09/30/2014 - 12:43am
WymorenceThe problem is that opposing views are a good thing, but sites like Brietbart and their ilk are the exact opposite. 9/10 times they tweak the news to benefit their own views instead of just giving their own side of it.09/30/2014 - 12:41am
james_fudgeIf I were in a cult I might try and shut myself away from opposing views...09/29/2014 - 11:48pm
james_fudgeoh and Nate Silver and Politico too.09/29/2014 - 11:48pm
james_fudgeI read a lot of sites every day, Drudge, Breitbart, Huffpo, DailKOS, Red State, Fox, MSNBC, CNN and i'm not infected. Time for people to get thicker skins.09/29/2014 - 11:46pm
james_fudgeNeo_DrKefka: you do know you visited "one of those sites" when you posted that article, right?09/29/2014 - 11:44pm
E. Zachary KnightOcarina of Time done up in the Link to the Past engine? You know I would buy this day one if it were official. http://kotaku.com/fans-are-remaking-ocarina-of-time-in-2d-164059481909/29/2014 - 11:14pm
 

Be Heard - Contact Your Politician