November 16, 2007
The final round of the Ames Moot Court Competition was held on Wednesday, November 14, in the Ames Courtroom in Austin Hall.
The Honorable Antonin Scalia ’60, U.S. Supreme Court, presided as chief justice. Joining him as associate justices were the Honorable Debra A. Livingston ’84, U.S. Court of Appeals for the Second Circuit, and the Honorable Carlos F. Lucero, U.S. Court of Appeals for the 10th Circuit.
This year’s hypothetical case, Worldwide People’s Temple v. Rasmussen, dealt with issues stemming from a religious school’s firing of an unwed music teacher after she became pregnant. For purposes of the competition, the teams briefed and argued two issues:
1. Does 29 C.F.R. § 1601.28(a)(2) validly authorize the Equal Employment Opportunity Commission to issue a right-to-sue letter in fewer than 180 days from the charge in a Title VII employment discrimination case?
2. Does a “ministerial exception” create immunity for a religious organization from employment discrimination claims brought by a music teacher/service leader against the organization?
Petitioner Worldwide People’s Temple was represented by the Belva Ann Lockwood Memorial Team: 3Ls Miriam Achtenberg, Chiraag Bains, Elizabeth Barchas (oralist), Daniel Klaff, Amy Mendenhall and Tejinder Singh (oralist). Respondent Lucille Rasmussen was represented by the Oliver Hill Memorial Team: 3Ls Shannon Delahaye, Joseph Dvorkin, Frederick Fedynyshyn (oralist), Adam Hosmer-Henner (oralist), Yelena Konanova and David Oliwenstein.
Singh, of the petitioner’s team, won the judges’ recognition as best oralist. The respondents’ team won in the categories for best brief and best overall presentation.
“A conversation with the court is what oral argument is about,” Judge Lucero told the two teams and the audience afterwards. “You want to control the pace of the conversation, and it’s easier said than done. All of you were effective in doing that.”
Scalia said: “The presentation here was comparable to what I would receive either on the circuit or on the Supreme Court.”
Click here for the view a webcast of the event.