Carson v. Makin
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
- Supreme Court brief (Sept. 10, 2021)
- Supreme Court brief (March 11, 2021)
Press Releases
- Notre Dame Law School coverage (Sept. 13, 2021)
- Notre Dame Law School coverage (March 12, 2021)
Commentary and Other Media Coverage
- WGN Radio coverage (June 26, 2023)
- Bloomberg coverage (June 23, 2023)
- Institute for Justice coverage (April 6, 2023)
- The Education Exchange coverage (Jan. 17, 2023)
- Independent Women's Forum coverage (July 19, 2022)
- reimaginED coverage (July 6, 2022)
- Apple Podcast coverage (July 1, 2022)
- NPR coverage (June 21, 2022)
- Bloomberg Law coverage (Dec. 13, 2021)
- National Review coverage (Dec. 8, 2021)
- Christian Science Monitor coverage (Dec. 7, 2021)
- Los Angeles Times coverage (Dec. 7, 2021)
- National Catholic Register coverage (Dec. 6, 2021)
- Catholic News Service coverage (Sept. 15, 2021)
Editorials and Essays
- Professor Nicole Stelle Garnett wrote for Education Next, "Supreme Court Opens a Path to Religious Charter Schools" (Jan. 12, 2023)
- Professor Nicole Stelle Garnett wrote for City Journal, "Time for Religious Charter Schools" (Dec. 7, 2022)
- Professor Nicole Stelle Garnett wrote, "Another Chink in the Armor of Legal Discrimination against Religious Schools," for The Public Discourse (July 5, 2022)
- Professor Nicole Stelle Garnett wrote for the Daily News, "Are religious charter schools coming soon?" (June 27, 2022)
- Professor Richard Garnett wrote, an op-ed for the Wall Street Journal, "A Good Week for Religious Freedom" (June 23, 2022)
- Professor Nicole Stelle Garnett wrote, "A Victory for Religious Liberty and Educational Pluralism" for the City Journal (June 22, 2022)
- Professor Nicole Stelle Garnett wrote for City Journal, “Correcting Maine’s Error” (Dec. 7, 2021)
- Professor Richard Garnett and student Olivia Rogers wrote for Newsweek, “States Must Stop Discriminating Against Religious Schools” (Nov. 30, 2021)
- Professor Nicole Stelle Garnett wrote for The 74, “Empowering Parents With More and Better Schools” (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
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Director, Religious Liberty Clinic
Term Teaching Professor -
Associate Dean for External Engagement; John P. Murphy Foundation Professor of Law
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Paul J. Schierl/Fort Howard Corporation Professor of Law; Concurrent Professor of Political Science; Director, Program on Church, State & Society
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2021-22 Student Fellow
2022-23 Student Fellow -
2021-22 Student Fellow
2022-23 Student Fellow