The Power of Dissent: Associate Justice Sonia Sotomayor
Guiding Question: Using Associate Justice Sonia Sotomayor as a case study, how do judicial dissents reflect attitudes and beliefs about equality, justice, and the context of the time?
Big Idea: Students will understand the significance of Supreme Court dissents, specifically those written by Justice Sonia Sotomayor, and will analyze the impact of these dissents on legal and social issues.
In this sixty-minute lesson students will explore the life and judicial legacy of Associate Supreme Court Justice Sonia Sotomayor. In this lesson students will be introduced to the power of dissent and engage in multiple activities to conceptualize it. Students, in the whole class setting, will review a recent Associate Justice Sotomayor dissent, reading an autobiography about her life, and then collaborative analyze four additional dissents. To conclude, students will use all of the activities to evaluate how dissents Using Associate Justice Sotomayor as a case study, how judicial dissents reflect attitudes and beliefs about equality, justice, and the context of the time in which they were written.
60 Minutes
- Students will understand the role and significance of dissenting opinions in the Supreme Court.
- Students will analyze and evaluate Justice Sonia Sotomayor's dissents to identify her judicial philosophy and the social issues she addresses.
- Students will engage in critical thinking and discussion to understand the broader implications of these dissents on law and society.
- Understanding of basic U.S. Government and Judicial System concepts
- Checks and balances
- Separation of power
- Role and functions of Supreme Court
- Basic legal terminology such as majority opinion, dissenting opinion, and precedent.
- Copies of excerpts from Justice Sotomayor's dissents (303 Creative LLC v. Elenis, Utah v. Strieff, Students for Fair Admissions v. President and Fellows of Harvard College, Trump v. Hawaii)
- Whiteboard and markers
- Handouts with discussion questions.
Warm Up (10 Minutes):
Show the following excerpt (first page of handout) from one of Justice Sotomayor’s dissents (Trump v. United States) to capture students' interest.
Before You Read:
- What is the legal question in Trump v. United States?
- Does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office, and if so, to what extent?
- Additional context may be needed. Provided as appropriate.
As You Read:
- Read excerpts of the dissent with the class.
- Model annotation strategies to help students better understand the text.
After You Have Read:
- What was the ruling in Trump v. United States?
- What is Associate Justice Sotomayor’s reaction to this ruling? How can you tell?
- What does this dissent reveal about the role of dissents in the Supreme Court?
- It should be shared that Associate Justice Sotomayor read her dissent from the bench, a rarity in the norms and folkways of the Supreme Court.
Activity #1, Autobiography of Associate Justice Sonia Sotomayor (10 Minutes):
In this portion of the lesson, students will be introduced to the life of Associate Justice Sonia Sotomayor. Students will read the biography of Associate Justice Sotomayor, a secondary source, on the National Women’s History Museum Website.
Students will complete a see, think, wonder protocol aligned to this portion of the lesson.
After You Read:
- Students will share their sees, thinks, and wonders, with a teacher or student modeling on the board.
- Teacher will prompt students with the following prompts:
- How do you think the life experiences of Associate Justice Sotomayor will impact her judicial philosophy?
- How might Associate Justice Sotomayor, as the first Latina and third woman, on the court bring new perspectives?
- Though it was not mentioned in the text, Associate Justice Sotomayor has had Type-1 Diabetes almost her entire life. How might this life experience shape her view of the world?
Activity #2, Collaborative Analysis of Dissenting Opinions (30 Minutes):
Students, in small groups, will analyze a dissent from Justice Sotomayor and learn about three others using a jigsaw activity. In the reading, students will be provided a brief overview of the case, from Oyez.org, and the ruling. Students will complete the following steps
- Break the class into small groups: Assign each group one of the four dissents to analyze in more detail. This will be the expert group.
- Complete the following questions for their assigned case
- What are the key points of Justice Sotomayor’s dissent?
- What arguments does she make against the majority opinion?
- What social or legal issues is she addressing?
- How does she use evidence and legal precedents to support her argument?
- What impact might her dissent have on future cases or societal view
- Create new groups with a member of each expert group in the new group.
- A representative of each dissent will share their analysis and discuss the potential impact of the dissent.
- If there is time remaining after each group has shared, students engage in a small class discussion on the overall themes and impacts of Justice Sotomayor’s dissents. Students should consider how they match their predictions after reading her biography.
Activity #3, Closing Discussion and Assessment (10 minutes):
Closing Discussion
- Conclude with asking representatives from each dissent to share out about the significance of the case and Justice Sotomayor’s dissent.
- Ask students their favorite or least favorite dissent. Ask them to explain what resonated with them about it.
Assessment
After whole class discussion, ask students to write a brief reflection on the following prompts:
- After learning about the life of Sonia Sotomayor and her dissents on the Supreme Court, describe her judicial philosophy and her view of the role of the Supreme Court. Encourage them to compare what they found in the primary source cases themselves and what they learned in the secondary source biography.
- What is the power and role of dissent on the Supreme Court?
Assessment: After whole class discussion, ask students to write a brief reflection on the following prompts:
- After learning about the life of Sonia Sotomayor and her dissents on the Supreme Court, describe her judicial philosophy and her view of the role of the Supreme Court. Encourage them to compare what they found in the primary source cases themselves and what they learned in the secondary source biography.
- What is the power and role of dissent on the Supreme Court?
Extension Activities
- Assign students to write a short reflection on which dissent they found most impactful and why, or have them research another notable dissent from a different Supreme Court justice to compare and/or contrast.
- Have students create a timeline of notable Sonia Sotomayor dissents and majority opinions over time to evaluate evolution of her judicial philosophy.
C3 Standards:
- D2.Civ.4.9-12. Explain how the U.S. Constitution establishes a system of government that has powers, responsibilities, and limits that have changed over time and that are still contested.
- D2.Civ.10.9-12. Analyze the impact and the appropriate roles of personal interests and perspectives on the application of civic virtues, democratic principles, constitutional rights, and human rights.
This biography is sponsored in part by the Library of Congress Teaching with Primary Sources Eastern Region Program, coordinated by Waynesburg University. Content created and featured in partnership with the TPS program does not indicate an endorsement by the Library of Congress.
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