Hosanna-Tabor and the Ministerial Exception
This case began, as so many do, with a local dispute inside a church. A member of the congregation represented the church in the lower courts. This lawyer was not a religious liberty specialist, but he preserved all the issues for appeal, so he did his job. The Becket Fund for Religious Liberty discov‐ ered this case as it came down in the Sixth Circuit and offered to do a petition for rehearing and then a petition for certiorari. After rehearing was denied, they called and asked if I would help with the cert petition. The Becket Fund lawyers were a lot more enthusiastic about the case than I was. From our perspective, the case had some good facts and some bad facts. But by the end, I thought this should be a clear case for the Church. And we now know that the Supreme Court agreed.