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St. Augustine School, et al. v. Carolyn Stanford Taylor, in Her Official Capacity as Superintendent of Public Instruction, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 17-2333 · judgment October 11, 2018


GVR'd · July 2, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether the Free Exercise Clause prohibits the government from requiring a religious adherent to choose between following his or her faith tradition as he or she sees fit and the receipt of otherwise-available government benefits.

  2. Whether the Religion Clauses prohibit the government from rejecting a private party’s assertion that it is not affiliated with a specific organized religious group, where the sole basis for the government’s decision is the religious label the party has assigned to itself.

Counsel of record

For petitioner
Richard Michael Esenberg
Wisconsin Institute for Law & Liberty

For respondent
Kristin Renee Pierre
Axley Brynelson, LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Aug 03 2020
    JUDGMENT ISSUED.
  2. Jul 02 2020
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Espinoza v. Montana Dept. of Revenue, 591 U. S. ___ (2020).
  3. Jun 30 2020
    DISTRIBUTED for Conference of 7/1/2020.
  4. Jun 12 2019
    DISTRIBUTED for Conference of 10/1/2019.
  5. Jun 07 2019
    Reply of petitioners St. Augustine School, et al. filed.
  6. May 24 2019
    Brief of respondents Carolyn Stanford Taylor, in her Official Capacity as Superintendent of Public Instruction, et al. in opposition filed.
  7. Apr 05 2019
    Brief of respondent Friess Lake School District in opposition filed.
  8. Mar 25 2019
    Motion to extend the time to file a response is granted and the time is extended to and including May 24, 2019.
  9. Mar 21 2019
    Motion to extend the time to file a response from April 5, 2019 to May 24, 2019, submitted to The Clerk.
  10. Mar 06 2019
    Petition for a writ of certiorari filed. (Response due April 5, 2019)