Date and Time:
Friday, March 28, 2014 from 5:30 p.m. to 9 p.m.
Joan B. Kroc Institute for Peace & Justice Theatre
The Paul A. McLennon, Sr., Honors Moot Court Competition provides an opportunity for students to develop their brief writing and advocacy skills and to test these skills in an open, rigorous competition. Organized by the Appellate Moot Court Board, the competition consists of several primary rounds, culminating in the final round argued before a distinguished panel of judges. This competition was established by USD Professor Michael Devitt to honor longtime family friend, attorney and naval officer, Paul A. McLennon, Sr.
- Judge Bruce M. Selya, Senior Circuit Judge, United States Court of Appeals, First Circuit
- Judge M. Margaret McKeown, Circuit Judge, United States Court of Appeals, Ninth Circuit
- Judge Dana M. Sabraw, District Judge, United States District Court, Southern District of California
- Final Round Competition - 5:30 p.m.
- Dinner - 6:30 p.m. (registration required)
Case Before the Court
In U.S. Department of Health and Human Services v. Body & Sole, Inc., Respondent Body and Sole, Inc. (BSI) brought suit against the federal government. BSI alleged that the contraceptive mandate of the Patient Protection and Affordable Care Act, which mandates that a corporation must provide birth control and related preventative health services to its female employees, violated its rights under First Amendment and the Religious Freedom Restoration Act (RFRA). BSI claimed that such contraceptive mandate forced it to pay for or facilitate the use of contraception, which conflicts with its sincerely held religious beliefs. The federal government claims that the mandate is enforceable because corporations do not have religious rights under the First Amendment or under RFRA, and even if corporations possess such rights, providing birth control and contraceptive coverage to women serves a compelling government interest.
In this tournament, the Supreme Court will address the following questions: 1) Are for-profit, secular corporations protected under the Free Exercise Clause of the First Amendment and/or The Religious Freedom Restoration Act; and 2) Does the contraceptive mandate of the Patient Protection and Affordable Care Act substantially burden the corporation’s free exercise of religion under the First Amendment and/or The Religious Freedom Restoration Act? If so, do the government’s claimed interests in public health and gender equality constitute compelling interests to enforce the contraceptive mandate?
Directions and Parking
Parking is available in the West Marian Way parking structure. Shuttle service will be provided to the Joan B. Kroc Institute for Peace & Justice.