No. 22-662

Ramon K. Jusino v. Federation of Catholic Teachers, Inc.

Lower Court: Second Circuit
Docketed: 2023-01-18
Status: Denied
Type: Paid
Tags: 1st-amendment church-schools civil-rights constitutional-law due-process equal-protection first-amendment free-speech labor-organizations labor-relations religion-clauses standing
Latest Conference: 2023-03-24
Question Presented (from Petition)

Whether the Second Circuit contravened the Four
teenth Amendment Equal Protection clause by hold
ing that - because of potential First Amendment Re
ligion Clauses entanglements — the federal govern
ment cannot certify labor organizations that repre
sent teachers in church-operated schools, but New
York State can.

Whether the Second Circuit contravened this Court 's
relevant precedent by holding that - because of poten
tial First Amendment Religion Clauses entangle
ments — Petitioner is precluded from bringing his
duty-of-fair-representation claim against Respond
ent, thereby granting Respondent the sui-generis sta
tus of being a union that gets to operate without any
duty of fair representation towards any of its mem
bers.

Whether this Court 's 1979 Catholic Bishop decision
means that unions for teachers employed by church-
operated schools should not exist at all.

Question Presented (AI Summary)

Whether the Second Circuit contravened the Fourteenth Amendment Equal Protection clause

Docket Entries

2023-03-27
Petition DENIED.
2023-03-08
DISTRIBUTED for Conference of 3/24/2023.
2023-02-17
Brief of respondent Federation of Catholic Teachers, Inc. in opposition filed.
2023-01-12
Petition for a writ of certiorari filed. (Response due February 17, 2023)

Attorneys

Federation of Catholic Teachers, Inc.
Jane Lauer BarkerPitta LLP, Respondent
Ramon K. Jusino
Ramon K. Jusino — Petitioner