St. Augustine School v. Underly
Petition for a writ of certiorari denied on June 6, 2022. Justice
Barrett took no part in the consideration or decision of this
petition.
Issues: (1) Whether summary reversal is warranted when the U.S. Court of Appeals for the 7th Circuit did not consider this case in
light of Espinoza v. Montana Department of Revenue, as ordered by the Supreme
Court on July 2, 2020; (2) whether summary reversal is warranted when the 7th 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 the Supreme Court’s mandate; and (3) whether summary reversal is warranted when the 7th 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.
