The recent U.S. Supreme Court oral arguments (Oct. 5) in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC provide a compelling example of how parties and judges have to deal with tough and complex issues. And, how courts grapple with arriving at a conclusion tied to constitutional law, prior cases, precedent, etc.
The issue in this Hosanna-Tabor case is whether the ministerial exception applies to exempt a religious school in this instance from having to comply with the ADA (Americans with Disabilities Act).
The oral argument gives lawyers a limited time to summarize their respective positions before the panel of Supreme Court justices. This oral argument demonstrates so well what one of my Emory Law School professors said as to what is the essence of lawyering, that is ‘knowing what differences make a difference’.
This link enables you to listen to the mp3 file of the lawyers and Supreme Court justices in this Hosanna-Tabor case. The following link also gives you a pdf written transcript of the argument. I followed the transcript while listening to the audio file.
What is your take on this case? The Supreme Court has not yet issued its opinion in this case.