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

 
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quiknkoldSyringes can break. And in a transcontinental delivery, the glass could've broken when crushed. I work in a mail center. Shit like this is super serious09/21/2014 - 3:25pm
E. Zachary KnightIt doesn't matter what is inside the needle. As long as it requires him to take the step of purposefully injecting himself, the threat of the substance is as close to zero as you can get.09/21/2014 - 1:27pm
quiknkoldEzach: I'm not talking about the needle. I'm talking about what's inside. Geeze. Depending on what it is, the sender could be guilty of bioterrorism.09/21/2014 - 12:51pm
E. Zachary Knightquiknkold, No. That syringe is not worse than white powder or a bomb. The syringe requires the recipient to actually inject themselves. Not true for other mail threats.09/21/2014 - 12:49pm
Andrew EisenThe closest to a threat I ever received was a handwritten note slipped under my door that read "I KNOW it was you." Still no idea what that was about. I think the author must have got the wrong apartment.09/21/2014 - 12:28pm
InfophileThat's what they call it? I always called it hydroxic acid...09/21/2014 - 11:57am
MaskedPixelanteProbably dihydrogen monoxide, the most dangerous substance in the universe.09/21/2014 - 10:14am
james_fudgewell I hope he called the police so they can let us all know.09/21/2014 - 9:07am
quiknkoldIt's pretty gnarly. Depending on what it is, it could be worse than white powder or a fake bomb.09/21/2014 - 9:06am
james_fudgeI just looked it up on UPS.com09/21/2014 - 8:56am
james_fudgeand expensive for an American to ship to London.09/21/2014 - 8:55am
E. Zachary KnightThat is pretty scary. Would have been worse if it were a fake bomb or white powder.09/21/2014 - 8:49am
quiknkoldThere's some more tweets regarding it with more pictures09/21/2014 - 8:09am
quiknkoldMilo Yiannopoulos was mailed a syringe filled with clear liquid. He claims it's anti gamergate harassment. Mentioned on his twitter twitter.com/Nero/status/51366668391625523209/21/2014 - 8:07am
Andrew EisenNow, having said that, what sites are you reading that are claiming that if "you self-identify as a Gamer, you're immediately the problem" or that gamers are "obligated to stop harassment"? Or was that hyperbole too?09/21/2014 - 1:03am
Andrew EisenFirst of all, ONE person in the Shout box suggested an obligation to call harassers out on their harassing but only after YOU brought it up. Plus, Techno said "when you see it happening." If you don't see it, you're not under any obligation.09/21/2014 - 1:02am
Sleaker@Craig R. - at this point I don't even know what the hashtags are suppsed to be in support of. what does GamerGate actually signify.09/21/2014 - 12:21am
Sleaker@AE - Hyperbole for the first 2, but it seems like some of the comments in the shout are attempting to place blame on fellow gamers because they aren't actively telling people to stop harassing even though they don't necessarily know anyone that has.09/21/2014 - 12:16am
Andrew EisenSleaker - Who the heck are you reading that is claiming "all gamers are bad," we "need to pass laws or judgement on all gamers," that if "you self-identify as a Gamer, you're immediately the problem," or that gamers are "obligated to stop harassment"?09/20/2014 - 9:44pm
erthwjimhe swatted more than just krebs, I think he swatted 30 people http://krebsonsecurity.com/2014/05/teen-arrested-for-30-swattings-bomb-threats/09/20/2014 - 9:31pm
 

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