Carson v. Makin

In 2021, the Religious Liberty Initiative filed two amicus briefs in Carson v. Makin, a case that challenges Maine’s exclusion of private religious schools from the state’s educational tuition assistance program. The briefs were filed 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.

News coverage

09/15/2021 – RLI brief cited and Professor Nicole Stelle Garnett quoted by Catholic News Service, “Court to hear case on religious schools barred from Maine choice program”
12/06/2021 – National Catholic Register cited op-ed written by Professor Richard Garnett and student Olivia Rogers in “Will the Supreme Court Finally End Discrimination Based on Religion in School Choice Programs?”
12/07/2021 – Professor Nicole Stelle Garnett quoted in the Christian Science Monitor, "The case that could breach the wall between church and state"
12/07/2021 – Professor Nicole Stelle Garnett quoted in the Los Angeles Times, “Supreme Court poised to further open the door for taxpayer funding of religious schools”
12/08/2021 – RLI brief cited and Professor Nicole Stelle Garnett quoted by Catholic News Service, “Court unsure of Maine tuition program that excludes religious schools”
12/08/2021 – Professor Richard Garnett mentioned in National Review, “SCOTUS and Religious Schools in Carson v. Makin”
12/13/2021 – Professor Richard Garnett discussed Carson v. Makin on Bloomberg Law Podcast
6/21/2022 – Professor Richard Garnett discussed the case on NPR with Nina Totenberg in, Supreme Court rules Maine's tuition assistance program must cover religious schools
6/23/2022 – Professor Richard Garnett appeared on the Bloomberg podcast, Supreme Court Backs Tax Dollars for Religious Schools
6/26/2022 – Professor Richard Garnett appeared on WGN Radio in, Defining the Separation of Church and State.
7/1/2022 Professor Nicole Stelle Garnett appeared on Apple Podcast, School Choice Matters: Nicole Garnett & School Choice
7/6/2022 – Professor Nicole Stelle Garnett discussed Carson v. Makin on the Catholic School Matters podcast, How will Carson v Makin affect Catholic schools?
7/6/2022 – Professor Nicole Stelle Garnett appeared on a Manhattan Institute panel, What's Next For Religious School Choice?
7/19/2022 – Professor Nicole Stelle Garnett discussed the case on At The Bar: School Choice, Religious Liberty, and the Supreme Court.

Editorials and essays

10/21/2021 – Professor Nicole Stelle Garnett wrote for The 74, “Empowering Parents With More and Better Schools”
11/30/2021 – Professor Richard Garnett and student Olivia Rogers wrote for Newsweek, “States Must Stop Discriminating Against Religious Schools”
12/07/2021 – Professor Nicole Stelle Garnett wrote for City Journal, “Correcting Maine’s Error”
06/22/2022 – Professor Nicole Stelle Garnett wrote, "A Victory for Religious Liberty and Educational Pluralism" for the City Journal
06/23/2022 – Professor Richard Garnett wrote, an op-ed for the Wall Street Journal, "A Good Week for Religious Freedom."
06/27/2022 – Professor Nicole Stelle Garnett wrote for the Daily News, "Are religious charter schools coming soon?"
07/5/2022 – Professor Nicole Stelle Garnett wrote, "Another Chink in the Armor of Legal Discrimination against Religious Schools," for The Public Discourse

Events and webinars

11/08/2021 – Professor Nicole Stelle Garnett spoke to ND Law’s Education Law Forum, “Supreme Court Preview: Carson v. Makin”

11/22/2021 – Professor Nicole Stelle Garnett spoke at the Federalist Society’s “December Docket in 90 Minutes or Less”

12/02/2021 – Professor Nicole Stelle Garnett spoke at the Manhattan Institute’s “Religious Schools and Choice After Carson v. Makin”