Courthouse Steps Decision: Carson v. Makin

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On June 21, 2022, the Supreme Court decided Carson v. Makin.  In a 6-3 opinion, the Court reversed and remanded the judgment of the U.S. Court of Appeals for the First Circuit. The Court held that 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.

Chief Justice Roberts delivered the opinion of the Court. 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.

Please join our legal expert to discuss the case, the legal issues involved, and the implications going forward.

Featuring:

  • Arif Panju, Managing Attorney, Institute for Justice

 

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.