Supreme Court of the United States · Official docket →
St. Augustine School, et al. v. Jill Underly, 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 December 20, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether summary reversal is warranted where the Seventh Circuit did not consider this case in light of Espinoza v. Montana Dep’t of Revenue, 591 U.S. ___, 140 S. Ct. 2246 (2020) as ordered by this Court on July 2, 2020.
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Whether summary reversal is warranted where the Seventh Circuit concluded that an overlapping state remedy rendered unnecessary resolution of the Petitioners’ federal constitutional claims under 42 U.S.C. § 1983 in compliance with this Court’s mandate.
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Whether summary reversal is warranted where the Seventh Circuit declined to hold that the Petitioners’ First Amendment rights were violated, despite agreeing that the Respondents withheld from the Petitioners otherwise-available public benefits “for reasons that can be tied to [the Petitioners’] religious preference” and following a “doctrinal determination” by the government. App. 4a, 14a.
Counsel of record
For petitioner
Richard Michael Esenberg
Wisconsin Institute for Law & Liberty
For respondent
Hannah Schieber Jurss
Wisconsin Department of Justice
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 06 2022Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
- May 17 2022DISTRIBUTED for Conference of 6/2/2022.
- May 12 2022Reply of petitioners St. Augustine School, et al. filed.
- Apr 27 2022Brief of respondents Jill Underly, in her official capacity as Superintendent of Public Instruction, et al. in opposition filed.
- Apr 27 2022Brief of respondent Friess Lake School District in opposition filed.
- Mar 25 2022Petition for a writ of certiorari filed. (Response due April 27, 2022)