Legal Commentary

Interesting Religion Cases at the Supreme Court?s Conference Friday

By John Elwood

Cert was denied in Cooke v. Tubra, 10?559, but the Court has relisted in the other case I bored you about last week, Hosanna-Tabor Evangelical Lutheran Church and School v EEOC, 10?553, suggesting the Court is taking a careful look at it.  Hosanna-Tabor involves whether the judicially recognized ?ministerial exception? to the Americans with Disabilities Act, bars review of the termination of a parochial school teacher who teaches the full secular curriculum, but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship.

I understand that two other cases involving the ministerial exception will be considered at the same conference, Weishuhn v. Catholic Diocese, 10?760, and Skrzypczak v. Roman Catholic Diocese, 10?769.  But I suspect that Hosanna-Tabor is the most likely grant of the three.

Full post as published by The Volokh Conspiracy on February 28, 2011 (boomark / email).