# Catholic Bishop of Chicago v. National Labor Relations Board

> Court of Appeals for the Seventh Circuit · August 3, 1977 · 559 F.2d 1112

URL: https://www.frixlaw.com/law-library/cases/8903003

## Case

- **Full name:** The CATHOLIC BISHOP OF CHICAGO, a corporation sole v. The NATIONAL LABOR RELATIONS BOARD, and The Illinois Education Association, Intervenor DIOCESE OF FORT WAYNE-SOUTH BEND, INC. v. The NATIONAL LABOR RELATIONS BOARD
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** August 3, 1977
- **Citations:** 559 F.2d 1112
- **Precedential status:** Published
- **Opinion:** Concurrence by Sprecher
- **Judges:** Cummings, Pell, Sprecher
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8903003

## Opinion text

SPRECHER, Circuit Judge,
concurring.
In concurring with Judge Pell’s persuasive opinion, I would only add that the National Labor Relations Board, in attempting to steer a course between the Scylla and Charybdis of the Establishment and Free Exercise Clauses, has collided with one and fallen into the other. The Board’s assertion of jurisdiction will have the effect of inhibiting the practice of religion by regulating it, yet by conceding .that this will inexorably force it to “accommodate” and prefer religious employers and conversely to discriminate against secular employers in like situations, it will in the constitutional sense “establish” the religions with which it deals.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8903003. Public record. Not legal advice.