The Perils of Relying on the Wrong Clause—Grounding the Ministerial Exception at the Supreme Court

IRA C. LUPU, ROBERT TUTTLE

GW Law professors Ira C. Lupu and Robert W. Tuttle explain why the path the U.S. Supreme Court is taking in ministerial exception cases—relying on the Free Exercise Clause of the First Amendment—is dangerously misguided. Lupu and Tuttle argue that the ministerial exception rests primarily on the Establishment Clause and is strictly limited to employment decisions about who leads or controls a faith community, or who transmits a faith.

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U.S. Bank National Association v. Gordon

Citation: 2020 ME 33

Opinion Date: March 17, 2020

Judge: Ellen A. Gorman

Areas of Law: Banking, Real Estate & Property Law

The Supreme Judicial Court affirmed the judgment of foreclosure entered by the district court in favor of U.S. Bank, holding that the district court did not err in concluding that U.S. Bank had standing to foreclose. U.S. Bank filed a complaint for foreclosure. At a hearing, the court admitted, over Jim Gordon's objection, a copy if a 2016 "Ratification of Assignment" stating that Mortgage Electronic Registration Systems, Inc., as nominee for EquiFirst Corporation, assigned the mortgage in this case to U.S. Bank. The court ultimately concluded that U.S. Bank had standing to foreclose pursuant to the 2016 ratification and entered a judgment of foreclosure in favor of U.S. Bank. The Supreme Judicial Court affirmed, holding (1) the court did not abuse its discretion by admitting the copy of the 2016 ratification; and (2) the court did not err in concluding that U.S. Bank had standing.

NextEra Energy Resources, LLC v. Maine Public Utilities Commission

Citation: 2020 ME 34

Opinion Date: March 17, 2020

Judge: Joseph Jabar

Areas of Law: Energy, Oil & Gas Law, Government & Administrative Law, Utilities Law

The Supreme Judicial Court affirmed the decision of the Maine Public Utilities Commission granting Central Maine Power Company's (CMP) petition for a certificate of public convenience and necessity (CPCN) for the construction and operation of the New England Clean Energy Connect (NECEC) project, holding that the Commission followed the proper procedure and that there was sufficient evidence in the record to support the Commission's findings. In 2017, CMP filed a petition with the Commission for a CPCN for the NECEC project, a 145-mile transmission line. The Commission voted to grant CMP a CPCN for the construction and operation of the NECEC project. The Supreme Judicial Court affirmed, holding (1) the Commission did not commit legal error when it decided that CMP was not required to file the results of a third-party investigation into nontransmission alternatives; (2) the Commission did not err in its construction and application of Me. Rev. Stat. 35-A, 3132(6); and (3) the Commission did not abuse its discretion in approving a stipulation between the parties requiring the project to provide myriad benefits to ratepayers and the State as conditions to the recommended Commission approval of the stipulated findings and issuance of the CPCN.