SCOTUS preview: Ministerial exception

[Video] I’m predicting a clear-cut victory for the schools in Our Lady of Guadalupe School v. Morrissey-Berru [Briefs].

Fifth grade teachers were fired, and claim violations of anti-discrimination laws. The schools argue that the 1st amendment “ministerial exception” allows them to decide who to hire and fire without any government interference.

The central issue is whether these teachers qualify as “ministers.”

Here’s hint at why I think the schools will win: I think there's already three Justices that are lined up in favor of the schools. Justice Alito and Kagan have made it very clear that all they care about is what this teacher is actually doing. They don't care about the titles or things like ordination and that sort of formal stuff. And Justice Thomas has said all he cares about is whether the school has a good faith belief that the teacher is helping to propagate the religion.