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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


Certiorari denied · June 6, 2022
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. 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.

  2. 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.

  3. 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

  1. Jun 06 2022
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. May 17 2022
    DISTRIBUTED for Conference of 6/2/2022.
  3. May 12 2022
    Reply of petitioners St. Augustine School, et al. filed.
  4. Apr 27 2022
    Brief of respondents Jill Underly, in her official capacity as Superintendent of Public Instruction, et al. in opposition filed.
  5. Apr 27 2022
    Brief of respondent Friess Lake School District in opposition filed.
  6. Mar 25 2022
    Petition for a writ of certiorari filed. (Response due April 27, 2022)