Jacob McIntosh (JD '18) Amicus Brief Referenced In Supreme Court Oral Argument

Pepperdine Caruso Law alumnus Jacob M. McIntosh (JD '18) and Jeremy B. Rosen, who has been an adjunct and clinical professor at the law school, co-authored an amicus brief in support of the petitioners that was twice referenced at oral argument in the Supreme Court case, Our Lady of Guadalupe School v. Morrissey-Berru. Jake is an appellate fellow and Jeremy is a partner at Horvitz & Levy LLP, the law firm that operates Pepperdine Caruso Law's Ninth Circuit Appellate Advocacy Clinic.

The case is about the scope of the "ministerial exception," a First Amendment doctrine ensuring that religious groups have the right to select their ministers. At oral argument, Justice Brett Kavanaugh quoted the brief and asked the opposing attorney to respond to its argument that Ninth Circuit caselaw discriminates against minority faiths. Attorney Eric Rassbach, who argued for two Catholic Schools, also cited the brief in response to a question from Chief Justice John Roberts.

Horvitz & Levy, the nation's largest firm dedicated to civil appeal, hires Pepperdine Caruso Law graduates for its Appellate Fellowship program. The program provides substantive appellate experience for young attorneys interested in appellate law and judicial clerkships. As a fellow, Jake has authored several briefs to federal and state appellate courts, including the initial draft of the Our Lady of Guadalupe School v. Morrissey-Berru amicus brief.

The team at Horvitz & Levy worked alongside the law firms Kirkland & Ellis, and Kravit, Hovel & Krawczyk.

The Our Lady of Guadalupe School v. Morrissey-Berru amicus brief is available at Scotusblog.com.