Carson v. Makin

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

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

Announcement of orders and opinions for Tuesday, June 21 (complete) (Angie Gou, June 21, 2022)
Court strikes down Maines ban on using public funds at religious schools (Amy Howe, June 21, 2022)
Conservative justices scoff at Maines exclusion of religious schools from tuition-assistance program (Amy Howe, December 8, 2021)
Separation of church and school? Justices will weigh Maines ban on funds for religious education (Amy Howe, December 7, 2021)
Major abortion case set for argument on Dec. 1 (Amy Howe, September 20, 2021)
Justices add one religious-rights case to docket but turn down another (Amy Howe, July 2, 2021)
Mopping up final business with 13 new relists (John Elwood, July 1, 2021)
Equal protection in Virginia and free exercise in Maine (Andrew Hamm, March 5, 2021)

Date	Proceedings and Orders (key to color coding)
02/04/2021	Petition for a writ of certiorari filed. (Response due March 11, 2021)
02/26/2021	Blanket Consent filed by Petitioner, David Carson, et al.
03/09/2021	Brief amici curiae of Americans for Prosperity Foundation and yes. every kid. filed.
03/09/2021	Waiver of right of respondent A. Pender Makin to respond filed.
03/11/2021	Brief amicus curiae of Jewish Coalition of Religious Liberty filed.
03/11/2021	Brief amici curiae of Council of Islamic Schools in North America, Partnership for Inner-City Education, and Union of Orthodox Jewish Congregations of America filed.
03/11/2021	Brief amici curiae of Innovative Schools filed.
03/11/2021	Brief amici curiae of National Legal Foundation, et al. filed.
03/11/2021	Brief amicus curiae of EdChoice filed.
03/11/2021	Brief amici curiae of Liberty Justice Center,et al. filed.
03/11/2021	Brief amici curiae of Christian Legal Society filed.
03/11/2021	Brief amici curiae of States of Arkansas, et al. filed.
03/11/2021	Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
03/16/2021	DISTRIBUTED for Conference of 4/1/2021.
03/22/2021	Response Requested. (Due April 21, 2021)
03/26/2021	Motion to extend the time to file a response from April 21, 2021 to May 21, 2021, submitted to The Clerk.
03/29/2021	Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2021.
04/07/2021	Brief amicus curiae of American Center for Law and Justice filed.
05/21/2021	Brief of respondent A. Pender Makin in opposition filed.
06/03/2021	Reply of petitioners David Carson, et al. filed.
06/07/2021	Supplemental brief of petitioners David Carson, et al. filed. (Distributed)
06/08/2021	DISTRIBUTED for Conference of 6/24/2021.
07/01/2021	DISTRIBUTED for Conference of 7/1/2021.
07/02/2021	Petition GRANTED.
07/09/2021	Motion for an extension of time to file the briefs on the merits filed.
07/09/2021	Blanket Consent filed by Petitioner, David Carson, et al.
07/12/2021	Motion 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.
07/14/2021	Blanket Consent filed by Respondent, A. Pender Makin
09/03/2021	Brief of petitioners David Carson, et al. filed.
09/03/2021	Joint appendix filed. (Statement of costs filed)
09/07/2021	Brief amici curiae of World Faith Foundation, et al. filed.
09/08/2021	Brief amicus curiae of American Center for Law and Justice filed.
09/08/2021	Brief amicus curiae of Professor Michael W. McConnell filed.
09/09/2021	Brief amici curiae of Liberty Justice Center, et al. filed.
09/09/2021	Brief amici curiae of Americans for Prosperity Foundation, et al. filed.
09/09/2021	Brief amicus curiae of Foundation for Moral Law filed.
09/10/2021	Brief amicus curiae of The Becket Fund for Religious Liberty filed.
09/10/2021	Brief amicus curiae of Jewish Coalition of Religious Liberty filed.
09/10/2021	Brief amicus curiae of Professor Charles L. Glenn filed.
09/10/2021	Brief amicus curiae of Members of the United States Senate filed.
09/10/2021	Brief amicus curiae of The Buckeye Institute filed.
09/10/2021	Brief amicus curiae of Professor Ashley R. Berner filed.
09/10/2021	Brief amici curiae of Christian Legal Society, et al., filed.
09/10/2021	Brief amicus curiae of Protect the First Foundation filed.
09/10/2021	Brief amicus curiae of Freedom X filed.
09/10/2021	Brief amicus curiae of Advancing American Freedom filed.
09/10/2021	Brief amici curiae of Partnership for Inner-City Education, et al. filed.
09/10/2021	Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
09/10/2021	Brief amicus curiae of Pioneer Institute filed.
09/10/2021	Brief amicus curiae of Independent Women's Law Center and Independent Women's Forum filed.
09/10/2021	Brief amici curiae of Concerned Women for America, et al. filed.
09/10/2021	Brief amicus curiae of Union of Orthodox Jewish Congregations of America filed.
09/10/2021	Brief amici curiae of Innovative Schools filed.
09/10/2021	Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.
09/10/2021	Brief amici curiae of EdChoice, et al. filed.
09/10/2021	Brief amici curiae of The Southern Christian Leadership Conference - Memphis Chapter, et al. filed.
09/10/2021	Brief amici curiae of Arkansas, et al.
09/10/2021	Brief amicus curiae of Defense of Freedom Institute for Policy Studies, Inc. filed.
09/10/2021	Brief amicus curiae of Hillsdale College filed.
09/10/2021	Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.
09/10/2021	Brief amicus curiae of The Cato Institute filed.
09/10/2021	Brief amicus curiae of The Stanley M. Herzog Charitable Foundation filed.
09/10/2021	Brief amicus curiae of Georgia Goal Scholarship Program, Inc. filed.
09/20/2021	SET FOR ARGUMENT on Wednesday, December 8, 2021.
09/27/2021	Record requested from the U.S.C.A. 1st Circuit.
10/04/2021	The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer also received is one envelope with the Joint Appendix.
10/08/2021	The record from the U.S.D.C. District Court of Maine is electronic and located on Pacer.
10/22/2021	Brief of respondent A. Pender Makin filed.
10/28/2021	Brief amicus curiae of State of Vermont filed. (Distributed)
10/29/2021	CIRCULATED
10/29/2021	Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
10/29/2021	Brief amici curiae of National Education Association, et al. filed. (Distributed)
10/29/2021	Brief amici curiae of Virginia, California, Delaware, Massachusetts, Minnesota, New Mexico, New York, Oregon, Washington, and the District of Columbia filed. (Distributed)
10/29/2021	Brief amici curiae of Education and Constitutional Law Scholars filed. (Distributed)
10/29/2021	Brief amicus curiae of United States filed. (Distributed)
10/29/2021	Brief amicus curiae of Public Funds Public Schools filed.
10/29/2021	Brief amici curiae of The Freedom From Religion Foundation and Center for Inquiry filed. (Distributed)
10/29/2021	Brief amicus curiae of American Atheists, Inc. filed. (Distributed)
10/29/2021	Brief amici curiae of Advancement Project, et al. filed. (Distributed)
10/29/2021	Brief amici curiae of Religious and Civil-Rights Organizations, et al. filed. (Distributed)
10/29/2021	Brief amici curiae of Maine School Management Association, et al. filed. (Distributed)
10/29/2021	Motion 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.
11/08/2021	Motion 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.
11/22/2021	Reply of petitioners David Carson, et al. filed. (Distributed)
12/08/2021	Argued. 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.)
01/28/2022	Letter 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)
06/21/2022	Judgment 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.
07/25/2022	JUDGMENT ISSUED