In Bronx Supreme Court Justice Alison Y. Tuitt, the NhRP found a sympathetic judge who heard an extraordinary 13 hours of arguments during which the NhRP presented testimony supporting their case from five elephant experts. Wise notes that the WCS, which employs many of its own elephant experts, curiously chose not to present any testimony from them supporting the position that Happy should remain where she is.

After hearing arguments, Tuitt described Happy, the first elephant ever to have passed the mirror self-awareness test, as "an extraordinary animal with complex cognitive abilities, an intelligent being with advanced analytical abilities akin to human beings." She also concluded that Happy "is more than just a legal thing, or property. She is an intelligent, autonomous being who should be treated with respect and dignity, and who may be entitled to liberty."

While WCS presented detailed descriptions of Happy's current care, health, and status, Tuitt notes in her opinion that "none of the Bronx Zoo's affiants present any evidence that they have studied any wild elephant, or know about any elephant's basic social, emotional, behavioral, liberty, and autonomy needs, whether captive or wild."

Tuitt rejected WCS position that Happy's current living situation at the Bronx Zoo is the best option available for the elephant, stating that "the arguments advanced by the NhRP are extremely persuasive for transferring Happy from her solitary, lonely one-acre exhibit at the Bronx Zoo to an elephant sanctuary."