Elon Law hosts second virtual national moot court contest

In the fictional State of Greene, a law enacted in 2020 prohibits health clinics from performing abortions after 15 weeks of gestation and imposes certain requirements on the clinics related to the disposal of fetal remains.

So if you’re the only health clinic that offers abortion services in this fictional state, how do you argue that the new law violates the Fourteenth Amendment of the U.S. Constitution and precedent established by the Supreme Court?

And if you’re the fictional State of Greene, what arguments do you put forward to defend your legitimate interest in regulating abortions and assert that the act is a permissible regulation – not an unconstitutional burden – on individual rights?

These legal questions and more were argued by 51 teams from 34 law schools that took part this fall in Elon University School of Law’s 12th Billings, Exum & Frye National Moot Court Competition. It was the second consecutive year that the competition was held virtually due to COVID-19.

After two full days and six rounds of arguments via Zoom, Makenzie Sipes and Lauren Legner of Michigan State University College of Law took home the championship over fellow final round competitors from Stetson University School of Law when they defended the fictional law before a panel of five distinguished North Carolina jurists.

Sipes also received the championship round’s best oral advocate honor. The final round and the awards program were both streamed live over Elon Law’s Facebook page.

The winning team from Michigan State University will receive a replica of Elon Law’s Chief Justices’ Cup and have its school name engraved on a permanent trophy that resides at Elon Law. Each individual member of the first-place team will also receive a plaque.

Final Round Judges

• The Honorable James G. Exum, Jr.
  Former Chief Justice, North Carolina Supreme Court
• The Honorable Philip Berger Jr.
  Associate Justice, North Carolina Supreme Court
• The Honorable Anita Earls
  Associate Justice, North Carolina Supreme Court
• The Honorable Samuel Ervin IV
  Associate Justice, North Carolina Supreme Court
• The Honorable Allegra Collins
  Judge, North Carolina Court of Appeals

“Moot Court competitions always find a way to challenge law students, which is why they are such valuable programs,” said Competition Co-Chair Emily Slusser L’21. “While being in person would have been fun, the versatility of hosting an online competition appeals to schools simply because it makes competing across the country much easier. This event was truly an amazing experience.”

Competition Co-Chair Lauren Hausman L’21 described the caliber of the teams that competed as “incredible” and applauded their preparations for the contest.

“Using such a contested topic challenged us as law students to consider personal views, the law, and how those potentially competing interests may intersect,” she said. “It also challenged our judges to listen to the arguments and the quality of the advocacy. The topic of abortion access and reproductive decision-making required everyone to think, to challenge their own beliefs, and to explore the law’s role in some of society’s most difficult questions.”

Moot court teams participated in preliminary rounds of oral argument, after which the field was narrowed for octofinal, quarterfinal, semifinal and championship rounds. Teams submitted briefs in advance of the competition, representing either the petitioner or the respondent in the hypothetical case before the Supreme Court of the United States. Competitors were judged on the quality of their appellate brief and oral arguments.

“The Moot Court Board demonstrated great creativity and leadership hosting the largest ever Billings, Exum and Frye National Moot Court Competition, organizing hundreds of competitors and judges and keeping everything running smoothly” said Senior Associate Dean Alan Woodlief, director of the Moot Court Program. “Our competitors got great real-world experience, honing their advocacy skills before exceptional attorneys and judges, arguing a challenging issue that is actually being argued at the United States Supreme Court this term.”

Semifinal Round Judges

• The Honorable Julie Earp
  Judge, North Carolina Superior Court
• The Honorable Richard L. Doughton
  Former Judge, North Carolina Superior Court
• The Honorable Lindsay R. Davis
  Judge, North Carolina Superior Court
• The Honorable Marcus Shields
  Judge, North Carolina District Court
• Dean Wendy Scott
  Associate Dean for Academic Success and Professor of Law
  Elon University School of Law
• Professor Enrique Armijo
  Elon University School of Law
• Professor Vanessa Zboreak
  Elon University School of Law
• Adjunct Professor Melissa Watkins
  Elon University School of Law
  Associate, Berry & Berry, PLLC | Reston, Virginia

Elon Law Moot Court Board committee chairs for the 12th Billings, Exum & Frye National Moot Court Competition

• Lauren Hausman L’21, Emily Slusser L’21 and Zoe Stein L’21, overall competition chairs
• Johnna Brooks L’21, Aerin Hickey L’21 and Allison Pickle L’21, courtroom hosts & bailiff committee
• Jessica Leach L’21, Cameron Nieters L’21 and Cassidy Richardson L’21, judges committee
• Michael Cline L’21, Joseph DeMond L’21 and Michael Hammersley L’21, scoring committee
• Cameron Nieters L’21 worked with Senior Associate Dean Alan Woodlief to author the bench brief