Supreme Court of the United States · Official docket →
David Carson, as Parent and Next Friend of O. C., et al. v. A. Pender Makin
Paid petition · United States Court of Appeals for the First Circuit, No. 19-1746 · judgment October 29, 2020
Decided · June 21, 2022
Pre-decision estimate: 7% cert probability (95% interval 4%–12%)
Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.
Question presented
In Espinoza v. Montana Department of Revenue, 140 S. Ct. 2246 (2020), this Court held that a state may not exclude families and schools from participating in a student-aid program because of a school's religious status. This Court acknowledged, but did not resolve, the question of whether a state may nevertheless exclude families and schools based on the religious use to which a student's aid might be put at a school. In the decision below, the First Circuit upheld a religious exclusion in Maine's tuition assistance program on the ground that the exclusion does not bar students from choosing to attend schools with a religious status, but rather bars them from using their aid to attend schools that provide religious, or "sectarian," instruction. The question presented is: Does a state violate the Religion Clauses or Equal Protection Clause of the United States Constitution by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or "sectarian," instruction?
Counsel of record
For petitioner
Michael Eugene Bindas
Institute for Justice
For respondent
Sarah Ann Forster
Office of the Attorney General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
11 cert-stage · 45 merits
(33 supporting pet./neither, 12 respondent)
Argument & decision
Argued December 8, 2021 — Michael Bindas · Christopher C. Taub. Audio and transcript
Decided June 21, 2022. Opinion by Roberts, C.J..
Proceedings
- Jul 25 2022JUDGMENT ISSUED
- Jun 21 2022Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined, and in which Sotomayor, J., joined as to all but Part I–B. Sotomayor, J., filed a dissenting opinion.
- Jan 28 2022Letter from the Commonwealth of Virginia to the Court notifying the Court of the Commonwealth’s change in position filed (Revised letter of 2/18/2022). (Distributed)
- Dec 08 2021Argued. For petitioners: Michael Bindas, Seattle, Wash. For respondent: Christopher C. Taub, Chief Deputy Attorney General, Augusta, Me.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
- Nov 22 2021Reply of petitioners David Carson, et al. filed. (Distributed)
- Nov 08 2021Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
- Oct 29 2021CIRCULATED
- Oct 29 2021Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
- Oct 29 2021Brief amici curiae of National Education Association, et al. filed. (Distributed)
- Oct 29 2021Brief amici curiae of Virginia, California, Delaware, Massachusetts, Minnesota, New Mexico, New York, Oregon, Washington, and the District of Columbia filed. (Distributed)
- Oct 29 2021Brief amici curiae of Education and Constitutional Law Scholars filed. (Distributed)
- Oct 29 2021Brief amicus curiae of United States filed. (Distributed)
- Oct 29 2021Brief amicus curiae of Public Funds Public Schools filed.
- Oct 29 2021Brief amici curiae of The Freedom From Religion Foundation and Center for Inquiry filed. (Distributed)
- Oct 29 2021Brief amicus curiae of American Atheists, Inc. filed. (Distributed)
- Oct 29 2021Brief amici curiae of Advancement Project, et al. filed. (Distributed)
- Oct 29 2021Brief amici curiae of Religious and Civil-Rights Organizations, et al. filed. (Distributed)
- Oct 29 2021Brief amici curiae of Maine School Management Association, et al. filed. (Distributed)
- Oct 29 2021Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Oct 28 2021Brief amicus curiae of State of Vermont filed. (Distributed)
- Oct 22 2021Brief of respondent A. Pender Makin filed.
- Oct 08 2021The record from the U.S.D.C. District Court of Maine is electronic and located on Pacer.
- Oct 04 2021The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer also received is one envelope with the Joint Appendix.
- Sep 27 2021Record requested from the U.S.C.A. 1st Circuit.
- Sep 20 2021SET FOR ARGUMENT on Wednesday, December 8, 2021.
- Sep 10 2021Brief amicus curiae of The Becket Fund for Religious Liberty filed.
- Sep 10 2021Brief amicus curiae of Jewish Coalition of Religious Liberty filed.
- Sep 10 2021Brief amicus curiae of Professor Charles L. Glenn filed.
- Sep 10 2021Brief amicus curiae of Members of the United States Senate filed.
- Sep 10 2021Brief amicus curiae of The Buckeye Institute filed.
- Sep 10 2021Brief amicus curiae of Professor Ashley R. Berner filed.
- Sep 10 2021Brief amici curiae of Christian Legal Society, et al., filed.
- Sep 10 2021Brief amicus curiae of Protect the First Foundation filed.
- Sep 10 2021Brief amicus curiae of Freedom X filed.
- Sep 10 2021Brief amicus curiae of Advancing American Freedom filed.
- Sep 10 2021Brief amici curiae of Partnership for Inner-City Education, et al. filed.
- Sep 10 2021Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
- Sep 10 2021Brief amicus curiae of Pioneer Institute filed.
- Sep 10 2021Brief amicus curiae of Independent Women's Law Center and Independent Women's Forum filed.
- Sep 10 2021Brief amici curiae of Concerned Women for America, et al. filed.
- Sep 10 2021Brief amicus curiae of Union of Orthodox Jewish Congregations of America filed.
- Sep 10 2021Brief amici curiae of Innovative Schools filed.
- Sep 10 2021Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.
- Sep 10 2021Brief amici curiae of EdChoice, et al. filed.
- Sep 10 2021Brief amici curiae of The Southern Christian Leadership Conference - Memphis Chapter, et al. filed.
- Sep 10 2021Brief amici curiae of Arkansas, et al.
- Sep 10 2021Brief amicus curiae of Defense of Freedom Institute for Policy Studies, Inc. filed.
- Sep 10 2021Brief amicus curiae of Hillsdale College filed.
- Sep 10 2021Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.
- Sep 10 2021Brief amicus curiae of The Cato Institute filed.
- Sep 10 2021Brief amicus curiae of The Stanley M. Herzog Charitable Foundation filed.
- Sep 10 2021Brief amicus curiae of Georgia Goal Scholarship Program, Inc. filed.
- Sep 09 2021Brief amici curiae of Liberty Justice Center, et al. filed.
- Sep 09 2021Brief amici curiae of Americans for Prosperity Foundation, et al. filed.
- Sep 09 2021Brief amicus curiae of Foundation for Moral Law filed.
- Sep 08 2021Brief amicus curiae of American Center for Law and Justice filed.
- Sep 08 2021Brief amicus curiae of Professor Michael W. McConnell filed.
- Sep 07 2021Brief amici curiae of World Faith Foundation, et al. filed.
- Sep 03 2021Brief of petitioners David Carson, et al. filed.
- Sep 03 2021Joint appendix filed. (Statement of costs filed)
- Jul 14 2021Blanket Consent filed by Respondent, A. Pender Makin
- Jul 12 2021Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondent's brief on the merits is extended to and including October 22, 2021.
- Jul 09 2021Motion for an extension of time to file the briefs on the merits filed.
- Jul 09 2021Blanket Consent filed by Petitioner, David Carson, et al.
- Jul 02 2021Petition GRANTED.
- Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
- Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
- Jun 07 2021Supplemental brief of petitioners David Carson, et al. filed. (Distributed)
- Jun 03 2021Reply of petitioners David Carson, et al. filed.
- May 21 2021Brief of respondent A. Pender Makin in opposition filed.
- Apr 07 2021Brief amicus curiae of American Center for Law and Justice filed.
- Mar 29 2021Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2021.
- Mar 26 2021Motion to extend the time to file a response from April 21, 2021 to May 21, 2021, submitted to The Clerk.
- Mar 22 2021Response Requested. (Due April 21, 2021)
- Mar 16 2021DISTRIBUTED for Conference of 4/1/2021.
- Mar 11 2021Brief amicus curiae of Jewish Coalition of Religious Liberty filed.
- Mar 11 2021Brief amici curiae of Council of Islamic Schools in North America, Partnership for Inner-City Education, and Union of Orthodox Jewish Congregations of America filed.
- Mar 11 2021Brief amici curiae of Innovative Schools filed.
- Mar 11 2021Brief amici curiae of National Legal Foundation, et al. filed.
- Mar 11 2021Brief amicus curiae of EdChoice filed.
- Mar 11 2021Brief amici curiae of Liberty Justice Center,et al. filed.
- Mar 11 2021Brief amici curiae of Christian Legal Society filed.
- Mar 11 2021Brief amici curiae of States of Arkansas, et al. filed.
- Mar 11 2021Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
- Mar 09 2021Brief amici curiae of Americans for Prosperity Foundation and yes. every kid. filed.
- Mar 09 2021Waiver of right of respondent A. Pender Makin to respond filed.
- Feb 26 2021Blanket Consent filed by Petitioner, David Carson, et al.
- Feb 04 2021Petition for a writ of certiorari filed. (Response due March 11, 2021)