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.
UPDATE (3/3): Both of my readers may be interested to know that on March 1, the Court called for a response in Skrzypczak; the Diocese had waived. It will be interesting to see whether the Court goes ahead and acts on Hosanna-Tabor at tomorrow’s conference or whether it holds all the cases until the opp comes in in Skrzypczak.