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Carson v. Makin (U.S.)

The two amicus briefs were filed in 2021 on behalf of Catholic, Islamic, and Jewish groups that operate and support elementary and secondary schools.

In March, the RLI’s brief argued that the U.S. Supreme Court should review the U.S. Court of Appeals for the First Circuit’s decision in Carson v. Makin. On July 2, the Supreme Court agreed to hear the case. In September, the RLI filed its second amicus brief in Carson v. Makin. The Supreme Court heard oral arguments in the case on December 8.

Case Documents

• Brief for the Partnership for Inner-City Education, Council of Islamic Schools in North America, and National Council of Young Israel as Amici Curiae in Support of Petitioners (Supreme Court) (Sept. 10, 2021)
• Brief for Council of Islamic Schools in North America, Partnership for Inner-City Education, and Union of Orthodox Jewish Congregations of America as Amici Curiae in Support of Petitioners (Supreme Court) (March 11, 2021)

Press Releases

• "ND Law's Religious Liberty Initiative files amicus brief in Supreme Court school choice case" by Denise Wager, published by Notre Dame Law School (Sept. 13, 2021)
• "ND Law's Religious Liberty Initiative files amicus brief in support of Maine families in school choice case" by Denise Wager, published by Notre Dame Law School (March 12, 2021)

Commentary and Other Media Coverage

• "Defining the separation of church and state" by Andrew Harris, published by WGN Radio (June 26, 2023)
• "Supreme Court backs tax dollars for religious schools" by Professor Richard Garnett, published by Bloomberg Law (June 23, 2023)
• "Short Circuit 266 | School Choice Special" published by the Institute for Justice (April 6, 2023)
• "Are charter schools 'state actors'?" featuring Professor Nicole Stelle Garnett, published by The Education Exchange (Jan. 17, 2023)
• "At the bar | School choice, religious liberty, and the Supreme Court" featuring Professor Nicole Stelle Garnett, published by Independent Women's Forum (July 19, 2022)
• "How will Carson v. Makin affect Catholic schools?" by Professor Nicole Stelle Garnett, published by Next Steps Blog (July 6, 2022)
• "Nicole Garnett & school choice" on Apple Podcasts (July 1, 2022)
• "Supreme Court rules Maine's tuition assistance program must cover religious schools" by Nina Totenberg, published by NPR (June 21, 2022)
• "Prosecutors paint Maxwell as Epstein's 'No. 2'" featuring Professor Richard Garnett, published by Bloomberg Law (Dec. 13, 2021)
• "SCOTUS and religious schools in Carson v. Makin" by Andy Smarick, published by National Review (Dec. 8, 2021)
• "The case that could breach the wall between church and state" by Harry Bruinius and Chelsea Sheasley, published by The Christian Science Monitor (Dec. 7, 2021)
• "Supreme Court poised to further open the door for taxpayer funding of religious schools" by David G. Savage, published by Los Angeles Times (Dec. 7, 2021)
• "Will the Supreme Court finally end discrimination based on religion in school choice programs?" by Andrea Picciotti-Bayer, published by National Catholic Register (Dec. 6, 2021)
• "Court to hear case on religious schools barred from Maine choice program" by Carol Zimmermann, published by Catholic News Service (Sept. 15, 2021)

Editorials and Essays

• "Supreme Court opens a path to religious charter schools" by Professor Nicole Stelle Garnett, published by Education Next (Jan. 12, 2023)
• "Time for religious charter schools" by Professor Nicole Stelle Garnett, published by City Journal (Dec. 7, 2022)
• "Another chink in the armor of legal discrimination against religious schools," by Professor Nicole Stelle Garnett, published by The Public Discourse (July 5, 2022)
• "Are religious charter schools coming soon?" by Professor Nicole Stelle Garnett, published by the Daily News (June 27, 2022)
• "A good week for religious freedom" by Professor Nicole Stelle Garnett, published by the Wall Street Journal (June 23, 2022)
• "A victory for religious liberty and educational pluralism" by Professor Nicole Stelle Garnett, published by the City Journal (June 22, 2022)
• “Correcting Maine’s error” by Professor Nicole Stelle Garnett, published by City Journal (Dec. 7, 2021)
• “States must stop discriminating against religious schools” by Professor Richard Garnett and student Olivia Rogers, published by Newsweek (Nov. 30, 2021)
• “Empowering parents with more and better schools” by Professor Nicole Stelle Garnett, published by The 74 (Oct. 21, 2021)

Events and Webinars

Professor Nicole Stelle Garnett spoke at the Manhattan Institute’s “Religious Schools and Choice After Carson v. Makin” (Dec. 2, 2021)

Professor Nicole Stelle Garnett spoke at the Federalist Society’s “December Docket in 90 Minutes or Less” (Nov. 22, 2021)

Professor Nicole Stelle Garnett spoke to ND Law’s Education Law Forum, “Supreme Court Preview: Carson v. Makin” (Nov. 8, 2021)

Meet the Team

1. 

   John Meiser

   Director, Religious Liberty Clinic
   Term Teaching Professor

2. 

   Nicole Stelle Garnett

   Associate Dean for External Engagement; John P. Murphy Foundation Professor of Law

3. 

   Richard W. Garnett

   Paul J. Schierl/Fort Howard Corporation Professor of Law; Concurrent Professor of Political Science; Director, Program on Church, State & Society

4. 

   Josh Lacoste

   2021-22 Student Fellow
   2022-23 Student Fellow

5. 

   Olivia Rogers

   2021-22 Student Fellow
   2022-23 Student Fellow