No. 21-1295

St. Augustine School, et al. v. Jill Underly, in Her Official Capacity as Superintendent of Public Instruction, et al.

Lower Court: Seventh Circuit
Docketed: 2022-03-28
Status: Denied
Type: Paid
Experienced Counsel
Tags: constitutional-claims doctrinal-determination establishment-clause first-amendment free-exercise free-exercise-clause government-interference public-benefits religion-clauses religious-preference summary-reversal
Key Terms:
SocialSecurity FirstAmendment HabeasCorpus Jurisdiction
Latest Conference: 2022-06-02
Question Presented (AI Summary)

Whether summary reversal is warranted

Question Presented (OCR Extract)

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 US. __, 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.

Docket Entries

2022-06-06
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2022-05-17
DISTRIBUTED for Conference of 6/2/2022.
2022-05-12
Reply of petitioners St. Augustine School, et al. filed.
2022-04-27
Brief of respondents Jill Underly, in her official capacity as Superintendent of Public Instruction, et al. in opposition filed.
2022-04-27
Brief of respondent Friess Lake School District in opposition filed.
2022-03-25
Petition for a writ of certiorari filed. (Response due April 27, 2022)

Attorneys

Friess Lake School District
Danielle Baudhuin TierneyAxley Brynelson, LLP, Respondent
Jill Underly, in her official capacity as Superintendent of Public Instruction, et al.
Hannah Schieber JurssWisconsin Department of Justice, Respondent
St. Augustine School, et al.
Richard Michael EsenbergWisconsin Institute for Law & Liberty, Petitioner