We are proud to announce our second mock trial for San Diego Comic Fest, to be held over President’s Day weekend, February 17-20, 2017, at the Four Points by Sheraton. Our new program is a mock hearing to bring an injunction to prohibit the use of Sentinels against US Citizens. We are seeking two law students to represent a Mutant Rights Group and two law students arguing for the US Government’s use of Sentinels.
X-Men Days of Future Past depicted the US Government creating Sentinels that could identify US Citizens who were “Mutants” based on their DNA. The Sentinels would then immediately kill anyone who was a mutant.
The fictional President of the United States has issued Executive Order 09101963 after a terrorist attack by the Brotherhood of Mutants:
Authorizing the Secretary of Defense to Prescribe Mutant Areas
Whereas the successful defense of the United States against the Mutant Threat requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities.
Now, therefore, by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy, I hereby authorize and direct the Secretary of Defense, and the Military Commanders whom he may from time to time designate, whenever he or any designated Commander deems such action necessary or desirable, to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded, and with respect to which, the right of any person to enter, remain in, or leave shall be subject to whatever restrictions the Secretary of Defense or the appropriate Military Commander may impose in his discretion. The Secretary of Defense is hereby authorized to provide for residents of any such area who are excluded therefrom, such transportation, food, shelter, and other accommodations as may be necessary, in the judgment of the Secretary of Defense or the said Military Commander, and until other arrangements are made, to accomplish the purpose of this order. The designation of military areas in any region or locality shall supersede designations of prohibited and restricted areas by the Attorney General.
I hereby further authorize and direct the Secretary of Defense and the said Military Commanders to take such other steps as he or the appropriate Military Commander may deem advisable to enforce compliance with the restrictions applicable to each Military area hereinabove authorized to be designated, including the use of Sentinels, Federal troops and other Federal Agencies, with authority to accept assistance of state and local agencies.
I hereby further authorize and direct all Executive Departments, independent establishments and other Federal Agencies, to assist the Secretary of Defense or the said Military Commanders in carrying out this Executive Order, including the furnishing of medical aid, hospitalization, food, clothing, transportation, use of land, shelter, and other supplies, equipment, utilities, facilities, and services.
This order shall not be construed as limiting or modifying the duty and responsibility of the Federal Bureau of Investigation, with respect to the investigation of alleged acts of sabotage or the duty and responsibility of the Attorney General and the Department of Justice, prescribing regulations for the conduct and control of Mutant enemies, except as such duty and responsibility is superseded by the designation of military areas hereunder.
The Secretary of Defense designated that anyone who has the Mutant gene be registered to ensure national security in compliance with Executive Order 09101963. All unregistered Mutants are deemed a threat to the United States. Sentinels have shoot to kill orders for all unregistered mutants in order to protect national defense.
Attorneys representing a Mutant Rights Group have brought an injunction in Federal Court to prohibit the registration of Mutants and the use of Sentinels to kill US Citizens pursuant to Federal Rule of Civil Procedure Rule 65. The Mutant Rights Group must show: (1) they are likely to succeed on the merits; (2) they plaintiffs are likely to suffer irreparable harm in the absence of injunctive relief; (3) the balance of the equities tips in its favor; and (4) an injunction is in the public interest.
The Plaintiffs arguments can include that the use of Sentinels:
1) Is race-based discrimination because of the Plaintiffs’ DNA and will not survive strict scrutiny;
2) Is a gross violation of the 5th Amendment Right to not deprive anyone of their life without due process of law;
3) Is a violation of the 4th Amendment warrant requirement for probable cause;
4) Is a violation of the 6th Amendment right to a trial in any criminal prosecution; and
5) Is a violation of the 8th Amendment right against cruel and unusual punishment.
The Government argument is that the Constitution does not apply to Mutants, because they are not Homo sapiens, thus not “persons” under the law. Human beings do not have wings, fur, blue skin, or fangs. Even if Homo superiors were “human” to be considered a person under the law, strict scrutiny has been met, because of the dangers Mutants pose to national security. Mutants have the power to control minds, destroy buildings, and are a clear and present danger to all human life. Many mutants are indistinguishable from human beings, thus justifying the need to register Mutants for the safety of the humanity. The only reason for a Mutant to not be registered is that they are an enemy of the state.
Format of argument: the Plaintiffs will have 20 minutes to make their arguments. The law students should divide the work 50/50 between registration of mutants and use of Sentinels. Arguments can focus on the text of Executive Order authorizing the Sentinel program and the elements to grant an injunction. A motion will be due on February 1, 2017 outlining the student arguments with any case or statutory authority. The Plaintiffs can file a reply brief by February 15, 2017.
The Government will also have 20 minutes for their arguments on the Constitutionality of the Sentinel program and that the Plaintiff’s motion should be denied.The law students should divide the work 50/50. One law student should defend the registration of Mutants and the other the right to use Sentinels on Mutants. The Government’s opposition brief is due on February 8, 2017.
The Plaintiffs will have a five-minute rebuttal to the Government’s arguments.
Errata or supplemental material will be issued based on requests from the law students for support of factual arguments or supporting case law.
All motions will be posted on The Legal Geeks prior to the hearing at San Diego Comic Fest.
We currently have four law students signed up to participate. Others are welcome to sign up as an alternate in the event a student cannot participate.