Upcoming U.S. Supreme Court case could be a huge religion-beat sleeper story

The agenda for the U.S. Supreme Court term that began this month has zero cases involving the two religion clauses of the First Amendment.

That’s quite the change after the important religion rulings the past two years, not to mention religious conservatives’ and liberals’ agitation after the 2022 Dobbs decision, which overturned Roe , which had legalized abortion nationwide.

So religion-watchers may not be aware that the court soon takes up two potentially tectonic cases involving — would you believe it — small businesses that fish for herring off the New England coast and say they shouldn’t have to pay their federal monitors. The cases are Loper Bright v. Raimondo (docket # 22-451), newly combined Oct. 13 with Relentless Inc. v. Department of Commerce (docket #22-1219). Oral arguments could come as soon as January.

This gets into the weeds of administrative law, an area that normally does not set pulses pounding but here involves the hot political dispute over powers exercised by federal agencies. Conservatives assert that agencies have long been interpreting and enforcing laws in ways that Congress never intended or has never defined, thus usurping legislative prerogatives and violating the Constitution’s “separation of powers.”

Background: The two fishing companies seek relief by overturning the Court’s highly influential 1984 precedent in Chevron v. Natural Resources Defense Council. This unanimous decision granted wide deference to federal agencies in “reasonable” interpretations, applications and enforcement of ambiguous laws passed by Congress.

The list of Loper briefs posted by the invaluable SCOTUSBlog.com shows the variety of interests that include 48 of the 50 states lined up on the two sides and the Republican U.S. House of Representatives, along with e.g. the AFL-CIO, American Cancer Society, Environmental Defense Fund, Gun Owners of America and e-cigarette industry.

You are waiting for the religion-beat angle?

First things first. Yes, the following think piece is from a conservative Catholic news source.

But there are times when doctrinally conservative Catholic folks need to read the National Catholic Reporter. And this is a time when doctrinally liberal Catholics — and journalists, especially — should read and mark up an article from the National Catholic Register.

Here’s why: This essay contains a long checklist of valid story ideas, as in issues from the past that are almost certain to come up again in the near future. You can see this in the long, long second line in this Register headline:

What a Xavier Becerra HHS Could Mean for Catholics
Becerra’s record in California shows that he, perhaps more than any other state attorney general, has been willing to wield the power of the state to enforce pro-abortion policies against religious and pro-life groups.

Now it’s true that, for conservative Catholics, this story is packed with potential public-policy nightmares, in terms of their impact on traditional Catholic groups and ministries. Can you say “Little Sisters of the Poor”?

At the same time, many — but not all — Catholic liberals will cheer if some of these policy showdowns come to pass.

In terms of doctrine and church-state law, Catholics on the left and right will have radically different views of Becerra being handed this crucial high ground in the culture wars. Evangelicals who lead colleges and universities will be concerned, as well.

But that’s beside the point, if one looks at this piece through the eyes of a religion-beat professional (or even an open-minded scribe on the political desk) who is looking for valid stories to cover. Journalists need to read all of this, but here are a few items that demonstrate what I am saying. Spot the potential stories in this passage: