High Point Law’s Appellate Advocacy Clinic has filed its first brief. Not only that—it is a brief to the United States Supreme Court!
The Appellate Advocacy Clinic, one of three clinics at HPU Law, exists to weigh in on some of the most pressing legal topics of the day. The Clinic does this by writing amicus curiae (“friend of the court”) briefs, which offer the courts additional information about and different perspectives on a particular case. It is not uncommon for a court to adopt arguments found in amicus briefs and sometimes even to cite to an amicus brief in an opinion!
The author of the Clinic’s first brief—and many more to come—is Professor Scott Gaylord, who is a Professor of Law and the Director of the Clinic. Professor Gaylord is an outstanding Constitutional Law scholar, who has written scores of amicus briefs to the United States Supreme Court and federal circuit courts on prominent national cases involving religious liberty, free speech, due process, and equal protection.
In this case, MacRae v. Mattos, the United States Supreme Court must decide whether to hear a case involving the free speech rights of government employees. In particular, the case asks whether a government employer (a public high school) can fire a current teacher for political expression she made prior to becoming a school employee.
The First Circuit Court of Appeals held that the answer is “yes.” But the Clinic’s brief contends that there are two problems with the First Circuit’s analysis. First, it directly conflicts with the Supreme Court’s government-as-employer precedents, creating a tension that only the Nation’s highest court can resolve.
Second, the chilling effect of that opinion is widespread, affecting millions of current and future government employees. Confronted with the possibility of being terminated in the future for pre-employment statements on topics a government official might find controversial, an individual considering government employment is apt to stay silent on political and social issues, steering far clear of any possibly polarizing topics. Stay tuned as the Supreme Court decides whether to hear the case.
When asked about his vision for the Clinic, Professor Gaylord said:
“The Appellate Advocacy Clinic enables HPU Law to be directly involved in important constitutional issues confronting our Nation. Through the Clinic, our students will gain experience in all facets of appellate litigation, developing the practical skills necessary to represent clients with skill and grace. Working closely with our students to assist our courts is a privilege—and a lot of fun! I cannot wait to begin work on our next brief.”
High Point Law’s Founding Dean and Professor of Law, former Chief Justice Mark Martin, had these comments to share:
Who would have thought that a law school in its first year of instruction would already be submitting briefs to the US Supreme Court? I’m amazed by Professor Gaylord’s dedication and leadership, and I look forward to collaborating with him on a future brief!