Catholic Charities Bureau, Inc. v. Wisconsin: A Blip on the Roberts Court’s Path to Narrowing the Establishment Clause and Expanding Free Exercise
摘要
Unlike the other Supreme Court cases decided in 2025 that took up questions under the Constitution’s religion clauses, Catholic Charities Bureau, Inc. v. Wisconsin Labor and Industry Review Commission is situated in long-standing jurisprudence. In a unanimous opinion by Justice Sonia Sotomayor, the Court held that the First Amendment “mandates government neutrality between religions” and when a law appears to privilege particular religious understandings it must be subject to the Court’s highest level of scrutiny, that is, “strict scrutiny.” While the Court’s opinion was nominally based on the Establishment Clause, its greatest impact is likely to be in the realm of free exercise. Indeed, while on the surface Catholic Charities broke no new doctrinal ground, it reinforces the Roberts Court’s expansive reading of free exercise rights even if it does so, ironically, by offering a fairly traditional understanding of the Establishment Clause. In this, Catholic Charities sits uneasily alongside the Roberts Court’s recent cases that have narrowed the scope of the Establishment Clause, but it is consistent with the Roberts Court’s favorable treatment of religious claims under the Free Exercise Clause, where it has been particularly sympathetic to conservative religious claims.