The Supreme Court seemed less divided by ideological lines during the Groff v. DeJoy oral arguments, as justices searched for common ground to clarify a standard from a 1977 decision that no advocate seems to be fully supporting. Amanda and Holly share their thoughts from the day, playing key moments from the courtroom in their breakdown of the legal issues and sticking points in the case. What, exactly, constitutes “undue hardship” when looking at the practical realities of the modern workplace and the strain that one worker’s need – religious or not – can cause on others? 

 

Segment 1: Statutory stare decisis (starting at 00:47)

Learn more about Groff v. DeJoy on our website: BJConline.org/Groff, which includes a link to the brief BJC joined and Holly’s preview column.

Listen to our preview of the case in episode 17: Is ‘de minimis’ enough?

Holly mentioned this story from Nina Totenberg on NPR: Who bears the burden, and how much, when religious employees refuse Sabbath work?

Visit the Supreme Court’s website to listen to oral arguments in Groff v. DeJoy and read a transcript. 

At the Supreme Court, Aaron Streett argued on behalf of the petitioner, Gerald Groff, and Solicitor General Elizabeth Prelogar argued on behalf of the United States Postal Service. 

We played one clip from the oral arguments during this segment:

• Justice Elena Kagan and Aaron Streett (this exchange takes place at 12:29 in the oral arguments)

 

Segment 2: A Court looking for common ground to clarify the law  (starting at 14:14)

We played five clips from the oral arguments in this segment:

• Justice Neil Gorsuch and Elizabeth Prelogar (this exchange takes place at 57:58 in the oral arguments)
• Justice Elena Kagan and Aaron Street (from 31:26 in the arguments)
• Justice Brett Kavanaugh and Aaron Street (from at 34:26 in the arguments)
• Aaron Street responding to Justice Amy Coney Barrett (from 40:29 in the arguments)
• Justice Brett Kavanaugh and Elizabeth Prelogar (from 1:35:11 in the arguments)

 

Segment 3: How will the Court fix this problem?  (starting at 25:43)

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