Monday, August 15, 2011
Amicus Briefs in Hosanna-Tabor v. EEOC
The briefs for both sides in the upcoming Supreme Court term's ministerial exception case, Hosanna-Tabor v. EEOC, have now been filed and are available at SCOTUSblog. Now, I happen to believe that the First Amendment and the last 900 years of political theory in the West require a robust form of the ministerial exception, but I could be wrong. The parties have filed a set of briefs from Doug Laycock (counsel for the petitioner), O'Melveny & Myers (for the employee), and the Solicitor General. The highlights among the amicus briefs (and here I'm picking and choosing from, by my count, 29 briefs--20 for petitioner and nine for the respondent) include a brief from our own Tom Berg and Rick Garnett; a brief for the US Conference of Catholic Bishops, the Episcopal Church, the LDS Church, and the Union of Orthodox Jewish Congregations from my former colleagues at Williams & Connolly; a brief for the Lutheran Church-Missouri Synod from Christopher Lund (who also has a forthcoming article on the ministerial exception); a brief from Michael McConnell for a consortium of Protestant churches; and a brief against the ministerial exception from Leslie Griffin and Caroline Corbin. Happy reading.
https://mirrorofjustice.blogs.com/mirrorofjustice/2011/08/amicus-briefs-in-hosanna-tabor-v-eeoc.html
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The "ministerial" exception appears to be intrinsically irrelevant to the decision not to allow Ms.Perich to return to work which was based upon the notion that her disability would effect the performance of essential functions without first applying performance and conduct standards and determining for certain whether or not Ms.Perich was capable of performing these essential functions: