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National Labor Relations Board v. Catholic Bishop of Chicago | 440 U.S. 490 (1979)
In deciding cases, courts prefer not to reach constitutional issues, instead deciding cases on other grounds if possible. But whether it’s possible to decide a case on another basis is not always clear cut. In National Labor Relations Board versus Catholic Bishop of Chicago, a sharply divided Supreme Court considered whether a statute could be interpreted to avoid having to address constitutional concerns.
Catholic Bishop of Chicago ran several private high schools, which we’ll call the schools, that employed both religious faculty and lay teachers. The lay teachers sought to unionize and filed petitions with the National Labor Relations Board, or the Board for short.
The schools refused to recognize the unions, arguing that the First Amendment’s guarantees of religious freedom precluded the Board’s jurisdiction over religious schools. The Board held that the schools had violated the law by refusing to bargain with the unions. The schools challenged the Board’s decision in the Seventh Circuit, which refused to enforce the Board’s orders. The Supreme Court granted cert.
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