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In Annual Shakespeare Mock Trial, Supreme Court Justices Play On
Legal Times
April 06, 2009
This morning, the Supreme Court will be handing down opinions. This evening, three justices -- Ruth Bader Ginsburg, Samuel Alito Jr. and Stephen Breyer -- and five lower court judges will dispense hypothetical justice, in the Shakespeare Theatre Company's annual mock trial.
The case is called Malvolio's Revenge, based on "Twelfth Night." It imagines what happens to Malvolio, the steward to Countess Olivia, after he is imprisoned for the insane things he is tricked into doing to win Olivia's favor.
Malvolio has won a $10 million punitive damages verdict for false imprisonment, and the judges must decide if the award is constitutional.
"It's a large award, but the conduct was an intentional tort. He was notoriously abused," says former Solicitor General Paul Clement, now with King & Spalding, who will represent Malvolio. "He had to wear cross garters and yellow stockings."
Opposing Clement will be Roy Englert Jr. and Richard Sauber of Robbins, Russell, Englert, Orseck, Untereiner and Sauber. "I'm more nervous about this than I am about Supreme Court arguments," Englert says.
Also judging: Federal Circuit Chief Judge Paul Michel; D.C. Circuit Judges Merrick Garland, Douglas Ginsburg and Brett Kavanaugh; and Judge Rosemary Collyer of the U.S. District Court for the District of Columbia.
