Happy First Monday in October!

The Supreme Court has a busy week, this week.  From The New York Times:

The Supreme Court returns Monday to an overarching question: Are the federal courts the right forum for resolving societal problems? Last term, the conservative majority suggested the answer is no in closely divided cases about job discrimination, misconduct by prosecutors, fraud by mutual funds and other topics.

The court will have a chance to take up that question again this term, while likely considering the health care reform act, decency standards on broadcast TV, privacy and use of GPS devices to track criminal suspects, and other issues. Here are three cases to be argued this week that could reveal where the court is headed this term as it examines the interests of citizens confronting institutions.

On Monday, the court hears a case questioning how far a state can go in cutting Medicaid, the federal-state program providing medical care to the poor and disabled.  California has been sued by a provider for cutting reimbursement without regard to impact.

On Tuesday the court hears the question of whether those who are already in prison must be told of their Miranda rights – the right to remain silent and have a lawyer present, and that any statement can be used against them.

On Wednesday, a fascinating case:

Under the First Amendment, the government cannot interfere in a church’s management of “ministerial employees” when they perform religious functions. But is a teacher at a religious school that kind of employee?

A case on Wednesday is a dispute between Hosanna-Tabor Evangelical Lutheran Church and Cheryl Perich, a former teacher at the church’s school in Redford, Mich. When she became sick and turned down the offer of a modest payment to leave, the school fired her and she filed a grievance with the Equal Employment Opportunity Commission. The Court of Appeals for the Sixth Circuit said she could sue the church for illegal retaliation under the Americans With Disabilities Act.

The issue is whether enforcement of that law violates the church’s right to free exercise of religion. Ministers and other religious workers are barred from suing their church employers. Lower courts have said teachers are also barred from suing when they teach religious subjects or have a central role in the mission of the church.

Any guesses as to which way the Supreme Court will be tilting, this session?