Resources

• Supreme Court DBQs
• Supreme Court Scenario Cards

Anticipate

• Select a Supreme Court decision for the class to analyze and discuss. You may choose a case that is listed in either the Supreme Court DBQ (Document-Based Questions) or Scenario Cards.
• Students will need background knowledge of the case to participate fully in the discussion. Use the DBQ or Scenario Cards to introduce students to the content.
• Depending on the structure of your class and time, you may assign this work as homework or at the beginning of class.

Engage

Rules or Guidelines for Discussion

• Before warming up for the discussion, create rules of engagement or classroom norms to help guide students in a healthy, productive discussion. If you do not already have rules or guidelines, consider creating a classroom constitution.

Small Group Discussion

Note: This style of discussion uses the TQE (Thoughts, Questions, Epiphanies) Method, which is an instructional strategy designed to facilitate deeper and more meaningful classroom discussions. This method encourages students to engage with the material on a personal and critical level by categorizing their responses into three areas:

• Thoughts: Students share their initial reactions, reflections, and interpretations of the material. This might include their opinions, connections to other concepts, or personal experiences related to the topic.
• Questions: Students pose questions about the material they find confusing, intriguing, or worthy of further exploration. These questions can be factual, analytical, or speculative.
• Epiphanies: Students share moments of realization or new understanding that occurred as they engaged with the material.

Procedure

• Begin with students in small groups.
• In their small groups, students share and record their thoughts, questions, and epiphanies regarding the Supreme Court case.
• Near the end of the time limit, ask the groups to choose their top 2 TQEs and write them on the board.
• Suggestion: If the questions or statements are not the quality you want from your students, use them as a writing lesson by having the whole class edit together.

Explore

Class Discussion

• Use the student-generated TQEs as a guide to lead the discussion. You do not need to use all the TQEs.
• Students should be engaging in analytical thinking and reasoning when considering court cases. Below are some questions to help continue and expand the discussion:
  • What questions do you still have about the court case?
  • What surprised you about the decision? Why?
  • How did the majority of justices arrive at this decision? Do you agree or disagree with their constitutional reasoning?
  • Why did the dissenting justices disagree with the reasoning of the majority? Do you agree or disagree with their constitutional reasoning?

Reflect

• At the end of the discussion, set up a spectrum in the room. Label one side “Agree” and the other side “Disagree.” Leave space in the middle for undecided students.
• Ask students: “Do you agree or disagree with the Court’s constitutional reasoning in the decision?” Have students show their answer by standing on the corresponding side, then explain why.
• Ask: “Do you think this decision was rightly decided?” Have students again move to their chosen side and explain their reasoning.
• Note students who switch sides between questions and ask them to explain their change in perspective.
• Ask the class: “Why is it important to assess a Court’s decision based on its constitutionality instead of your personal approval or disapproval of the outcome?”

Extend

• Court decisions impact the daily lives of Americans. As an extension, ask students to write about a potential future scenario that could take place because of the Court’s decision.