The Supreme Court will visit the T. Furth Center for Performing Arts at Trine University in Steuben County to hear oral argument on Wednesday, September 27, 2023. The argument will begin at 10:00 a.m. (Eastern).
Any schools, organizations, or individuals interested in attending should contact Sarah Kidwell.
What is an oral argument?
Public Supreme Court proceedings are called "oral arguments," which provide the Justices with the opportunity to ask attorneys questions about the cases. Usually, oral arguments last 40 minutes to an hour. An honorary bailiff will call the court to order. Each side has 20 minutes to argue. Typically the appealing party will open the argument, the other side then responds, and then the appealing party has the last word. More information including rules for attending Supreme Court oral arguments can be found online.
Relevant state social studies standards
The traveling oral arguments program addresses state academic standards in U.S. Government and United States History. The argument process demonstrates the principles of due process, judicial review, and an independent judiciary.
Sample case materials
Materials for the September 27 oral argument will be posted once available.
Keller J. Mellowitz v. Ball State University (23S-PL-60)
This case was heard by the Indiana Supreme Court in April 2023 at the University of Indianapolis.
Ball State student Keller Mellowitz filed a putative class action complaint against the university, asserting breach of contract and unjust enrichment claims based on Ball State’s retention of certain costs and fees for the Spring 2020 semester. In 2021, the General Assembly enacted a statute prohibiting trial judges from certifying certain COVID-related claims as class actions. The Marion Superior Court then ordered Mellowitz to amend his complaint to remove members of the putative class, and Mellowitz appealed. The Court of Appeals reversed, holding that the statute prohibiting class actions was “purely procedural” and impermissibly conflicted with Indiana Trial Rule 23. Mellowitz v. Ball State University, 195 N.E.3d 1256 (Ind. Ct. App. 2022), vacated. The Indiana Supreme Court has granted a petition to transfer and assumed jurisdiction over the case.
Indiana Supreme Court
- Petition to Transfer - Ball State
- Petition to Transfer - State of Indiana
- Response to Transfer - Mellowitz
- Reply to Transfer - Ball State
- Reply to Transfer - State of Indiana
- Amicus Brief - ICI and Notre Dame
- Amicus Brief - Indiana Legal Foundation