Debating Rights in a Pandemic

One of the most significant learning curves first-year law students must overcome is interpreting legal cases and synthesizing the information. The Moot Court Competition Creative Inquiry project, led by Cary Berkeley Kaye from the Department of Philosophy and Religion, was established to prepare undergraduates for these trials and tribulations that lie ahead.

Throughout the year, Kaye mentors the Creative Inquiry students and shapes them into more thorough researchers, confident speakers and critical thinkers. The students prepare arguments and counterarguments for the American Moot Court Association’s regional competition. This year it was held on ZOOM™ for the first time, bringing together approximately 500 collegiate teams from across the United States to participate in Supreme Court simulations. From 11 a.m. to 7 p.m., the Clemson team sat at their laptops in Hardin Hall, supporting and refuting claims on a topic very relevant to today’s world—vaccines.

Maggie Deas, a senior political science major, explained that this year’s competition involved government rights to require vaccines and individual rights to refuse vaccines ahead of a (fictitious) polio pandemic. A coin-toss decided Deas’ assignment to argue as the respondent, the United States. “My job was to drive home the simple fact that there are 32.8 million people who are unvaccinated and that they need to be vaccinated so that we can one, protect the economy, and two, protect [ourselves] because polio is highly contagious,” Deas said. Jessica Cooper, a senior English major, emphasized that one needs to be quick on their feet and well-prepared to succeed. “Judges will interrupt and ask questions in order to poke holes in what we’re trying to say,” Cooper said.

This type of high-pressure situation can be overwhelming to undergraduates but Jason Teets, a senior computer science major, learned that there is more to gain from this experience than winning or losing. “It’s about smart decision-making. You don’t have to win on every single legal issue because there are some grounds that it makes more sense to concede. Otherwise, it looks like your argument is ridiculous and incompetent,” Teets said. Katy Bortz, a junior women’s leadership and political science double major, echoed his point. “One of the most valuable lessons from this Creative Inquiry experience is learning to disagree with people and both parties being able to walk away respecting each other. This is something that’s really important for working in the legal field and just life in general,” Bortz said.

Following the regional competitions, Teets and Cooper qualified for the American Moot Court Association national competition held in January 2022. Since Cooper graduated in December 2021, Deas competed with Teets in the nationals.

Historically, Kaye takes the Creative Inquiry team to Richmond, Virginia, to attend the American Moot Court Competition and watch federal arguments in person. She looks forward to future in-person competitions which innately show students more career possibilities in the legal field. Knowing the law and holding a Juris Doctor degree can open up a multitude of career paths from consultation to education to government officiation. By introducing students to Moot court prior to pursuing law school, Kaye intends to continue encouraging her students and help them take advantage of these legal studies opportunities.