Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC

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Docket No. Op. Below Argument Opinion Vote Author Term
10-553 6th Cir. Oct 5, 2011
Tr.Aud.
Jan 11, 2012 9-0 Roberts OT 2011

Disclosure: Goldstein & Russell represent The NAACP Legal Defense Fund et al. as amici curiae in support of respondent.

Holding: The Establishment and Free Exercise Clauses of the First Amendment bar suits brought on behalf of ministers against their churches, claiming termination in violation of employment discrimi­nation laws. Moreover, because the respondent in this case was a minister within the meaning of the minis­terial exception, the First Amendment requires dismissal of her em­ployment discrimination suit against her religious employer.

Judgment: Reversed, 9-0, in an opinion by Chief Justice Roberts on January 11, 2012. Justice Thomas filed a concurring opinion. Justice Alito also filed a concurring opinion, which was joined by Justice Kagan.

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Briefs and Documents

Merits Briefs for Petitioner

Amicus Briefs Supporting Petitioner

Merits Briefs for Respondents

Amicus Briefs Supporting Respondent

 

Certiorari-stage documents

  • Amicus brief of Christian Reformed Church in North America et al. (unavailable)
 
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