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Carson v. Makin

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Docket No. Op. Below Argument Opinion Vote Author Term
20-1088 1st Cir. Dec 8, 2021 Jun 21, 2022 6-3 Roberts OT 2021

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to SCOTUSblog in various capacities, is among the counsel on an amicus brief in support of the respondent in this case.

Holding: Maine’s “nonsectarian” requirement for otherwise generally available tuition assistance payments to parents who live in school districts that do not operate a secondary school of their own violates the free exercise clause of the First Amendment.

Judgment: Reversed and remanded, 6-3, in an opinion by Chief Justice Roberts on June 21, 2022. Justice Breyer filed a dissenting opinion, in which Justice Kagan joined, and in which Justice Sotomayor joined as to all but Part I-B. Justice Sotomayor filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Feb 04 2021Petition for a writ of certiorari filed. (Response due March 11, 2021)
Feb 26 2021Blanket Consent filed by Petitioner, David Carson, et al.
Mar 09 2021Brief amici curiae of Americans for Prosperity Foundation and yes. every kid. filed.
Mar 09 2021Waiver of right of respondent A. Pender Makin to respond filed.
Mar 11 2021Brief amicus curiae of Jewish Coalition of Religious Liberty filed.
Mar 11 2021Brief amici curiae of Council of Islamic Schools in North America, Partnership for Inner-City Education, and Union of Orthodox Jewish Congregations of America filed.
Mar 11 2021Brief amici curiae of Innovative Schools filed.
Mar 11 2021Brief amici curiae of National Legal Foundation, et al. filed.
Mar 11 2021Brief amicus curiae of EdChoice filed.
Mar 11 2021Brief amici curiae of Liberty Justice Center,et al. filed.
Mar 11 2021Brief amici curiae of Christian Legal Society filed.
Mar 11 2021Brief amici curiae of States of Arkansas, et al. filed.
Mar 11 2021Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
Mar 16 2021DISTRIBUTED for Conference of 4/1/2021.
Mar 22 2021Response Requested. (Due April 21, 2021)
Mar 26 2021Motion to extend the time to file a response from April 21, 2021 to May 21, 2021, submitted to The Clerk.
Mar 29 2021Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2021.
Apr 07 2021Brief amicus curiae of American Center for Law and Justice filed.
May 21 2021Brief of respondent A. Pender Makin in opposition filed.
Jun 03 2021Reply of petitioners David Carson, et al. filed.
Jun 07 2021Supplemental brief of petitioners David Carson, et al. filed. (Distributed)
Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021Petition GRANTED.
Jul 09 2021Motion for an extension of time to file the briefs on the merits filed.
Jul 09 2021Blanket Consent filed by Petitioner, David Carson, et al.
Jul 12 2021Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondent's brief on the merits is extended to and including October 22, 2021.
Jul 14 2021Blanket Consent filed by Respondent, A. Pender Makin
Sep 03 2021Brief of petitioners David Carson, et al. filed.
Sep 03 2021Joint appendix filed. (Statement of costs filed)
Sep 07 2021Brief amici curiae of World Faith Foundation, et al. filed.
Sep 08 2021Brief amicus curiae of American Center for Law and Justice filed.
Sep 08 2021Brief amicus curiae of Professor Michael W. McConnell filed.
Sep 09 2021Brief amici curiae of Liberty Justice Center, et al. filed.
Sep 09 2021Brief amici curiae of Americans for Prosperity Foundation, et al. filed.
Sep 09 2021Brief amicus curiae of Foundation for Moral Law filed.
Sep 10 2021Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Sep 10 2021Brief amicus curiae of Jewish Coalition of Religious Liberty filed.
Sep 10 2021Brief amicus curiae of Professor Charles L. Glenn filed.
Sep 10 2021Brief amicus curiae of Members of the United States Senate filed.
Sep 10 2021Brief amicus curiae of The Buckeye Institute filed.
Sep 10 2021Brief amicus curiae of Professor Ashley R. Berner filed.
Sep 10 2021Brief amici curiae of Christian Legal Society, et al., filed.
Sep 10 2021Brief amicus curiae of Protect the First Foundation filed.
Sep 10 2021Brief amicus curiae of Freedom X filed.
Sep 10 2021Brief amicus curiae of Advancing American Freedom filed.
Sep 10 2021Brief amici curiae of Partnership for Inner-City Education, et al. filed.
Sep 10 2021Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
Sep 10 2021Brief amicus curiae of Pioneer Institute filed.
Sep 10 2021Brief amicus curiae of Independent Women's Law Center and Independent Women's Forum filed.
Sep 10 2021Brief amici curiae of Concerned Women for America, et al. filed.
Sep 10 2021Brief amicus curiae of Union of Orthodox Jewish Congregations of America filed.
Sep 10 2021Brief amici curiae of Innovative Schools filed.
Sep 10 2021Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.
Sep 10 2021Brief amici curiae of EdChoice, et al. filed.
Sep 10 2021Brief amici curiae of The Southern Christian Leadership Conference - Memphis Chapter, et al. filed.
Sep 10 2021Brief amici curiae of Arkansas, et al.
Sep 10 2021Brief amicus curiae of Defense of Freedom Institute for Policy Studies, Inc. filed.
Sep 10 2021Brief amicus curiae of Hillsdale College filed.
Sep 10 2021Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.
Sep 10 2021Brief amicus curiae of The Cato Institute filed.
Sep 10 2021Brief amicus curiae of The Stanley M. Herzog Charitable Foundation filed.
Sep 10 2021Brief amicus curiae of Georgia Goal Scholarship Program, Inc. filed.
Sep 20 2021SET FOR ARGUMENT on Wednesday, December 8, 2021.
Sep 27 2021Record requested from the U.S.C.A. 1st Circuit.
Oct 04 2021The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer also received is one envelope with the Joint Appendix.
Oct 08 2021The record from the U.S.D.C. District Court of Maine is electronic and located on Pacer.
Oct 22 2021Brief of respondent A. Pender Makin filed.
Oct 28 2021Brief amicus curiae of State of Vermont filed. (Distributed)
Oct 29 2021CIRCULATED
Oct 29 2021Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
Oct 29 2021Brief amici curiae of National Education Association, et al. filed. (Distributed)
Oct 29 2021Brief amici curiae of Virginia, California, Delaware, Massachusetts, Minnesota, New Mexico, New York, Oregon, Washington, and the District of Columbia filed. (Distributed)
Oct 29 2021Brief amici curiae of Education and Constitutional Law Scholars filed. (Distributed)
Oct 29 2021Brief amicus curiae of United States filed. (Distributed)
Oct 29 2021Brief amicus curiae of Public Funds Public Schools filed.
Oct 29 2021Brief amici curiae of The Freedom From Religion Foundation and Center for Inquiry filed. (Distributed)
Oct 29 2021Brief amicus curiae of American Atheists, Inc. filed. (Distributed)
Oct 29 2021Brief amici curiae of Advancement Project, et al. filed. (Distributed)
Oct 29 2021Brief amici curiae of Religious and Civil-Rights Organizations, et al. filed. (Distributed)
Oct 29 2021Brief amici curiae of Maine School Management Association, et al. filed. (Distributed)
Oct 29 2021Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Nov 08 2021Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Nov 22 2021Reply of petitioners David Carson, et al. filed. (Distributed)
Dec 08 2021Argued. For petitioners: Michael Bindas, Seattle, Wash. For respondent: Christopher C. Taub, Chief Deputy Attorney General, Augusta, Me.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jan 28 2022Letter from the Commonwealth of Virginia to the Court notifying the Court of the Commonwealth’s change in position filed (Revised letter of 2/18/2022). (Distributed)
Jun 21 2022Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined, and in which Sotomayor, J., joined as to all but Part I–B. Sotomayor, J., filed a dissenting opinion.
Jul 25 2022JUDGMENT ISSUED