In a special assembly on Monday, February 13th, Upper School students welcomed Rodney A. Smolla, award-winning author, First Amendment scholar, former president of Furman University, current dean of Widener University Delaware Law School, and father to Dylan Smolla, CCES Class of 2019. Dr. Kupersmith fondly introduced Mr. Smolla, calling him an “eminent educator, apostle of justice, and a great friend and patron of our school.” “I assure you,” Dr. Kupersmith remarked to students, “that you are in for a memorably engaging and entertaining experience.”
Mr. Smolla debriefed students on a gay rights case ripped from the headlines, involving the refusal of a Colorado baker, Jack Phillips, to make a wedding cake for a gay couple. After the debrief, over 400 students were asked to stand, raise their right hands, and take the oath of office of Supreme Court justices. President Smolla swore them in. Afterwards, Smolla exited and transformed into a lawyer for Phillips, in a mock Supreme Court Hearing for Masterpiece Cakeshop v. Colorado Civil Rights Commission, a role not foreign to him, as he has presented oral argument in state and federal courts all over the country, including the Supreme Court of the United States.
Students pounced on Smolla, some clearly seeing the argument through the lens of discrimination, others on the side of religious freedom or “artistic expression”. One thing was certain, students did not hesitate to passionately ask the pertinent questions. The oral arguments, which lasted almost 60 minutes, appeared to divide the students along the usual ideological lines. At the conclusion of oral arguments our CCES Justices, naturally, had to decide the case. Smolla ordered the Justices to retreat to the "Supreme Court Conference Room" where once again, students did not shy away from stating their views on the case before voting on the outcome.
Masterpiece Cakeshop v. Colorado Civil Rights Commission was argued in front of the Supreme Court on December 5, 2017. CCES voted a 5-4 majority with Mr. Phillips and Masterpiece Cakeshop. It will be interesting to see how the opinion of CCES compares to the Supreme Court on the outcome of this case.
Monday’s special assembly caused our students to think deeply, ask thought-provoking questions, and wrestle with law, precedent, ethics, and more. “Your time as Justices has expired,” Mr. Smolla said to the students, “but your time as interesting, energetic, engaged students has not.”
He concluded, “If you continue to experience the effects of being Supreme Court justices for more than 4 hours, please consult your physician.” 😂