Important Supreme Court Case re: Shemirat Shabbat

From RRW

 

The RCA and other organizations joined together to sign a Supreme Court amicus curiae brief (click here) in the case of Patterson v. Walgreen Co., No 18-349. The case concerned a Seventh-Day Adventist who was fired by Walgreen's in Orlando because he would not work on Saturdays.

One issue in the case was whether the Supreme Court should overrule its 1977 decision in a case called TWA v. Hardison, in which the Court's majority had held that the provision of the Civil Rights Act enacted in 1972 that required employers to reasonably accommodate an employee's religious observance (observing Sabbaths and religious holidays is a prime example) required only "de minimis" accommodation. This 42-year-old Supreme Court ruling has harmed many Shomrei Shabbat. Employers have been upheld by the courts when they have claimed that accommodation was too difficult and would cost them money. If we can get this 1977 decision overruled, it will be a major victory for Shomrei Shabbat. Four of the Supreme Court's Justices indicated in an opinion issued on February 22 that they are ready to "revisit" the TWA v. Hardison ruling.  

Nat Lewin wrote an article for Tablet Magazine on his experiences in getting the 1972 law enacted and in arguing the Hardison case as an amicus curiae. Click here.

After "relisting" the case twice, the Court issued an order yesterday (March 18) asking the Solicitor General to "express the views of the United States" on the case. This is a major step forward. If the Solicitor General's brief suggests that the Court accept the case, it will probably be added to the Court's calendar for the Term that begins this coming October, and the bad ruling in TWA v. Hardison will probably be overruled. The SG usually has 30 days in which to comply with the Court's request for a brief, and his office routinely requests a 30-day extension. Although it is a good sign that the Justices have asked the SG to submit a brief, there is still an uphill battle.

During this time it is both permissible and appropriate for interested parties and groups to communicate with the Attorney General and the Solicitor General by letter to urge that the SG's brief take a particular position.  In the interest of Shemirat Shabbat, we should all write to the Attorney General and the Solicitor General, citing Patterson v. Walgreen Co., No. 18-349, urging that the Solicitor General tell the Supreme Court that the United States supports the petitioner and asks the Court to grant certiorari and overrule TWA v. Hardison.

Walgreen hired Jenner & Block to represent it when the Court asked for a response to the petition. Jenner & Block has written a persuasive Brief in Opposition that presents reasons why Walgreen was unable to accommodate Patterson and reasons why this is not an appropriate case to consider the continued vitality of TWA v. Hardison's "de minimis" language. The Jenner & Block lawyers will present these grounds to the SG's Office in writing and will probably even get a face-to-face meeting with the SG's Office. It is essential, therefore, that those interested in protecting the rights of Sabbath-observers be strong in their written presentations.

To contact the Attorney General:

https://www.justice.gov/contact-us

or

The Honorable William Barr

Attorney General of the United States

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001

Dear Mr. Attorney General:

To contact the Solicitor General:

https://www.justice.gov/contact-us

or

The Honorable Noel Francisco

Solicitor General of the United States

U.S. Department of Justice

950 Pennsylvania Ave., NW

Washington, D.C. 20530-0001