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ST. AUGUSTINE SCHOOL v. UNDERLY

No. 17-2333.

21 F.4th 446 (2021)

ST. AUGUSTINE SCHOOL, et al., Plaintiffs-Appellants, v. Jill UNDERLY, in her official capacity as Superintendent of Public Instruction, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

December 20, 2021.

Attorney(s) appearing for the Case

Richard M. Esenberg , Anthony LoCoco , Attorneys, Wisconsin Institute for Law & Liberty, Milwaukee, WI, for Plaintiffs-Appellants.

Hannah S. Jurss , Attorney, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendant-Appellee Jill Underly.

Lori M. Lubinsky , Kristin Renee Pierre , Danielle Baudhuin Tierney , Attorneys, Axley Brynelson LLP, Madison, WI, for Defendant-Appellee Friess Lake School District.

Thomas L. Brejcha, Jr. , Thomas Gerald Olp , Attorneys, Thomas More Society, Chicago, IL, Joan M. Mannix , Attorney, Joan M. Mannix, Ltd., Chicago, IL, for Amicus Curiae Thomas More Society.

Before RIPPLE, KANNE, and WOOD, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES AND AFTER CERTIFICATION TO THE WISCONSIN SUPREME COURT

The State of Wisconsin provides transportation benefits to most of its school-aged children. See Wis. Stat. §§ 121.51, 121.54. For private-school students...

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