Last October, in fact on Halloween Day last year, I had the privilege of sitting in the US Supreme Court in Washington. This was not just a normal visit for me as my niece, Valerie, was arguing a case that morning and I had come to observe, and hopefully along with other members of our family, lend some moral support.
The building is very majestic and awe-inspiring. It is more than that; it is overwhelming. As you approach the stairs leading up to the building, you cannot help but think about the fact that you are entering the most powerful court in the country.
On the front of the building it says, "Equal Justice Under The Law." Around the walls of the building are sculptures of the people who historically have played an important role in the justice system of our country. On either side of the main steps are very large, seated marble sculptures. On the left is a female figure, the Contemplation of Justice. On the right is a male figure, the Guardian or Authority of Law.
Just in case the thought did not register with you, the "chicken dance" begins before you even get into the building. You are about to enter the inner sanctum where it is the "court of last appeal." The game ends here. there is nowhere else to go.
At the east end of the Great Hall, oak doors open into the Court Chamber. This dignified room measures 82 by 91 feet and has a 44-foot ceiling. The raised Bench behind which the Justices sit during sessions, and other furniture in the Courtroom are mahogany. The Bench is winged shape to optimize sight and sound advantages. The Bench is elevated, I would guess, about eight to ten feet above the area where the lawyers present their arguments. Another step in the "chicken dance" to demonstrate the justices power over the Court. As my niece is only about five feet tall, I can only imagine how it felt looking up at the justices during her entire argument. That is the supreme positioning step in the "chicken dance."
Sitting in the Supreme Court chambers as a member of the audience is overwhelming in and by itself. I was thinking about how overwhelming it must have been for my niece who was sitting up front waiting for the justices to appear from behind the curtain. Oh yes, that is the next step in the ultimate "chicken dance." The nine justices do not enter the courtroom individually, they appear all at once when the twenty foot red curtain parts and the justices step forward en masse.
The justices, of course, are wearing their black robes, and again, look very intimidating standing in a row behind their seats. They reminded me of giant bats about to swoop down and suck the blood out of anyone daring to expose themselves. Being there on Halloween only added to the image I had in my mind at that point.
Once they are seated, the pace really picks up for the dance and the steps become more intricate. The attorneys arguing cases before the Court occupy the tables in front of the Bench. When it is their turn to argue, they address the Bench from the lectern in the center. A bronze railing divides the public section from that reserved for the lawyers.
Each of the attorneys has only thirty minutes to present their case. The process is unlike any other courtroom procedure you may have seen on TV or in real life. In the Supreme Court, the attorneys do not have the opportunity to present complete arguments as the justices are continuously firing questions at them, sometimes in mid-sentence. Not only that, but the justices interrupt one another by asking questions of the presenting attorney before that attorney has had the opportunity to finish their answer to the previous question. Sometimes, the justices even fire questions at one another or make comments to one another while the attorney is trying to speak.
To say the least, it was very impressive to observe the inner workings of the Supreme Court. It was even more impressive to watch my niece, Valerie, argue her case there. I believed she had done a masterful job in presenting her argument and that she had maintained her composure under a very heavy barrage of questions from up above.
Without going into all of the case details, suffice it to say that if she won, it would set a new precedent for the US legal system. Valerie, as well as many of the other lawyers in her office and some family members, believed that the likelihood of winning her case was minimal at best. To add to the suspense, the Court had until June of 2012 to hand down the decision.
Time passed slowly for Valerie and for the rest of us until one day in March. Valerie was notified on March 21, 2012 that the Court had decided 5 to 4 in her favor. Not only had she won her argument, she did so against the Solicitor General of the State of Michigan who was supported in his argument by the Solicitor General of the United States. And, if that were not enough, she established a precedent further ensuring everyone's right to "effective legal counsel." It was the culmination of about 8 years of dedicated effort and hard work against almost insurmountable odds, but she added some new steps to her version of the "chicken dance" and succeeded.
Winning an argument in the Supreme Court, the highest, strongest, most powerful court in the United States has to represent the ultimate negotiation.
For a better understanding on the "chicken dance" and negotiation pick up a copy of "Beyond the Chicken Dance." http://beyondthechickendance.com/
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