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National Pork Producers Council v. Ross and Students for Fair Admissions v. University of North Carolina are two cases currently pending before the United States

  1. National Pork Producers Council v. Ross and Students for Fair Admissions v. University of North Carolina are two cases currently pending before the United States Supreme Court. You will choose one of them and write a short paper analyzing the case (covering all the specific issues detailed below) and stating a reasoned conclusion for how you think the case should be decided.

  • State the primary legal question presented in the case; and
  • Identify the petitioner and describe the key arguments made by the petitioner, including the rationale and authority underlying each argument; and
  • Identify the respondent and describe the key arguments made by the respondent, including the rationale and authority underlying each argument; and
  • Analyze and evaluate the strength, validity, and anticipated consequences of the arguments of each side to reach a reasoned conclusion about what decision you think the Supreme Court should reach on the primary legal question. When you conduct your analysis, make sure you address the arguments for and against your conclusion, including why the arguments supporting your conclusion are superior. Be sure that you do not simply announce your conclusion. Explain and support it, including why you rejected alternative conclusions. Your analysis should not only address the specific legal arguments, but also evaluate the ramifications on our culture/society generally of adopting one approach to the primary legal question versus the other.
  • Research sources. There are many websites that have information about cases pending before the Supreme Court. Two of the best are Oyez.com and Scotusblog.com.
  • Oyez presents a useful summary of the facts of the case and a link to the oral argument that was presented at the Supreme Court. Listen to the entire oral argument multiple times as part of your research, taking notes about the arguments being made by the lawyers and the considerations and challenges and arguments raised by the justices.
    • Here is the link to the Oyez summary page for National Pork Producers Council v. Ross: https://www.oyez.org/cases/2022/21-468. You will find a link to the oral argument in the upper left-hand area of the page.
    • Here is the link to the Oyez summary page for Students for Fair Admissions v. University of North Carolina: https://www.oyez.org/cases/2022/21-707. You will find a link to the oral argument in the upper left-hand area of the page.
  • Scotusblog is a more comprehensive source of information. It includes links to news articles and to the briefs that the parties and various other interested parties submitted to the Court. These items, particularly the briefs of the parties (as well as the oral arguments of the parties), are essential research your paper. Below I provide the most important links from Scotusblog for each case.
    • National Pork Producers Council v. Ross.
      • Summary page: https://www.scotusblog.com/case-files/cases/national-pork-producers-council-v-ross/
      • News article: https://www.scotusblog.com/2022/10/california-law-on-sale-of-pork-raises-concerns-about-interstate-moral-disputes-in-a-balkanized-nation/
      • News article: https://www.scotusblog.com/2022/10/court-to-hear-battle-over-animal-welfare-the-dormant-commerce-clause-and-the-price-of-bacon/
      • Brief of National Pork Producers Council: https://www.supremecourt.gov/DocketPDF/21/21-468/227679/20220610132221228_Natl%20Pork%20Producers%20v%20Ross%20No.%2021-468%20Brief%20for%20Petitioners.pdf
      • Brief of Ross: https://www.supremecourt.gov/DocketPDF/21/21-468/232996/20220808154802887_National%20Pork%20Producers%20Council%20v%20Ross%20-%20Brief%20for%20the%20State%20Respondents.pdf
      • Reply Brief of National Pork Producers Council: https://www.supremecourt.gov/DocketPDF/21/21-468/237235/20220907132411455_Natl%20Pork%20Producers%20v%20Ross%20No.%2021-468%20Reply%20Brief%20for%20Petitioners%20PDFA.pdf

  • Students for Fair Admissions v. University of North Carolina
    • Summary page: https://www.scotusblog.com/case-files/cases/students-for-fair-admissions-inc-v-university-of-north-carolina/
    • News article: https://www.scotusblog.com/2022/10/the-court-is-poised-to-set-jurisprudence-on-race-for-generations-and-not-just-in-affirmative-action/
    • News article: https://www.scotusblog.com/2022/10/in-cases-challenging-affirmative-action-court-will-confront-wide-ranging-arguments-on-history-diversity-and-the-role-of-race-in-america/
    • Brief of Students for Fair Admissions: https://www.supremecourt.gov/DocketPDF/20/20-1199/222325/20220502145522418_20-1199%2021-707%20SFFA%20Brief%20to%20file%20final.pdf
    • Brief of University of North Carolina: https://www.supremecourt.gov/DocketPDF/21/21-707/230779/20220725144111091_21-707_Response%20brief.pdf
    • Reply Brief of Students for Fair Admissions: https://www.supremecourt.gov/DocketPDF/21/21-707/234417/20220824170858314_21-707%20Reply%20Brief%20Final.pdf

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