Supreme Court Report

Supreme Court of the United States · Official docket →

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

Paid petition · United States Court of Appeals for the Second Circuit, No. 21-2081 · judgment November 23, 2022


Certiorari denied · March 27, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

QUESTION #1 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. QUESTION #2 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. QUESTION #3 Whether this Court’s 1979 Catholic Bishop decision means that unions for teachers employed by churchoperated schools should not exist at all.

Counsel of record

For petitioner
Ramon K. Jusino

For respondent
Jane Lauer Barker
Pitta LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 27 2023
    Petition DENIED.
  2. Mar 08 2023
    DISTRIBUTED for Conference of 3/24/2023.
  3. Feb 17 2023
    Brief of respondent Federation of Catholic Teachers, Inc. in opposition filed.
  4. Jan 12 2023
    Petition for a writ of certiorari filed. (Response due February 17, 2023)