The Robertson Center for Constitutional Law had a busy December, with significant activity in three cases:
On December 23, 2021, the Robertson Center filed an amicus
petition for certiorari with the United States Supreme Court in Hedican v.Wal-Mart Stores. Edward
Hedican, a Seventh-day Adventist, lost his job as an assistant manager at
Walmart before his first day of work. The reason: he asked Walmart to let
him rest on his Sabbath. This is the legacy of TWA v. Hardison, a 1977 case that weakened Title VII’s
protections for religious employees. The brief, filed on behalf of the Jewish
Coalition for Religious Liberty, asks the Supreme Court to hear Mr. Hedican’s
case, overturn Hardison, and
restore Title VII’s promise of a workplace free of religious
discrimination. It explains that Hardison’s error has
been particularly harmful to Jews seeking to honor the Sabbath and religious
minorities who seek working-class jobs.
On December 12,
2021, the Ninth Circuit ruled in favor of Fuller Theological Seminary in Maxon v. Fuller Theological Seminary. The Robertson Center filed a brief in
support of the prevailing party. The Center’s brief, written on behalf of
Campus Crusade for Christ, Intervarsity Christian Fellowship/USA, Chi Alpha
Campus Ministries, and Young Life, argues that the First Amendment rights of
assembly and association protect the Seminary’s freedom to cultivate a
religious community around a shared mission. And it explains the
importance of assembly and association in protecting our liberty and preserving
a pluralistic society.
On December 1,
2021, the United States Supreme Court heard oral argument in Dobbs v. Jackson Women’s Health. Many view Dobbs as the most
significant abortion-related case in a generation. The Robertson Center
filed one of the most critical amicus briefs in that case. The brief of
the Robertson Center for Constitutional Law and the Christian Legal Society
argues for a return to our constitutional tradition of federalism and explains
how open-ended conceptions of substantive due process undermine the fundamental
principles of federalism and self-government. It also explains how
abortion jurisprudence has had far-reaching negative consequences, especially
for our judicial institutions. Associate Dean Lingo also appeared on the
December 1 episode of the 700 Club where he discussed the case and the
Robertson Center’s role in a ten-minute live interview. You can
watch the interview here: The 700 Club - December 1, 2021. (The interview begins at the 4:30
mark.)