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In Dole v. Shenandoah Baptist Church, 899 F.2d 1389 (4th Cir. 1990), a federal appeals court suggested that the Supreme Court may have altered the Catholic Bishop test in a 1985 decision. In 1985, the Supreme Court ruled that “because we perceive no `significant risk' of an infringement on first amendment rights, we do not require any clearer expression of congressional intent to regulate these activities.” Tony & Susan Alamo Foundation v. Secretary of Labor, 471 U.S. 290, 298 n.18 (1985). The federal appeals court observed that the Supreme Court may have intended to replace the Catholic Bishop test. If so, this objective is not clear, and has not been clarified in later decisions.