Supreme Court of the United States · Official docket →
Jill Hile, et al. v. Michigan, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-1986 · judgment November 6, 2023
Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.
Questions presented
Following modest legislative victories in the 1960s in favor of parochial-school parents and their children, antireligious groups mobilized voter animus against religion to adopt a Michigan constitutional amendment in 1970—akin to a so-called Blaine Amendment—that facially bars any direct or indirect public financial support for nonpublic schools. Ruling shortly thereafter, the Michigan Supreme Court recognized that, despite its neutral language, the amendment’s impact was almost entirely on Michigan religious schools and families: the amendment undid the modest legislative victories parochial-school parents obtained and imposed a near insurmountable burden on future attempts to secure such funding. Indeed, in 2000, Michigan voters overwhelmingly rejected a ballot proposal that would have authorized school vouchers and partially repealed the 1970 amendment. This lawsuit challenges the Michigan Blaine Amendment’s validity and presents two questions of substantial importance for this Court’s review:
-
Whether Michigan’s constitutional amendment barring direct and indirect public financial support for parochial and other nonpublic schools violates the Equal Protection Clause.
-
Whether the failure of the 2000 school-voucher ballot proposal purges the amendment of its religious animus for purposes of the Equal Protection Clause.
Counsel of record
For petitioner
John J. Bursch
Bursch Law PLLC
For respondent
Ann Maurine Sherman
Michigan Department of Attorney General
Proceedings
- Oct 07 2024Petition DENIED.
- Jul 31 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 30 2024Reply of petitioners Jill Hile, et al. filed. (Distributed)
- Jul 12 2024Brief of respondents Michigan, et al. in opposition filed.
- May 16 2024Motion to extend the time to file a response is granted and the time is extended to and including July 12, 2024.
- May 15 2024Motion to extend the time to file a response from June 12, 2024 to July 12, 2024, submitted to The Clerk.
- May 13 2024Response Requested. (Due June 12, 2024)
- May 08 2024Brief amicus curiae of Institute for Justice filed. (Distributed)
- May 08 2024Brief amici curiae of EdChoice and Defense of Freedom Institute for Policy Studies filed. (Distributed)
- May 08 2024Brief amici curiae of West Virginia, et al. filed. (Distributed)
- May 08 2024Brief amici curiae of Manhattan Institute and Notre Dame Education Project filed. (Distributed)
- May 08 2024Brief amicus curiae of Wisconsin Institute for Law & Liberty and The Buckeye Institute filed. (Distributed)
- May 08 2024Brief amicus curiae of The Foundation for Government Accountability filed. (Distributed)
- May 08 2024Brief amicus curiae of Protect the First Foundation filed. (Distributed)
- Apr 30 2024DISTRIBUTED for Conference of 5/16/2024.
- Apr 25 2024Waiver of right of respondents State of Michigan, Gretchen E. Whitmer, Rachael Eubanks to respond filed.
- Apr 04 2024Petition for a writ of certiorari filed. (Response due May 8, 2024)
- Jan 24 2024Application (23A683) granted by Justice Kavanaugh extending the time to file until April 4, 2024.
- Jan 19 2024Application (23A683) to extend the time to file a petition for a writ of certiorari from February 4, 2024 to April 4, 2024, submitted to Justice Kavanaugh.