ST. AUGUSTINE SCHOOL v. UNDERLY

Nos. 22-2786 & 22-2846.

78 F.4th 349 (2023)

ST. AUGUSTINE SCHOOL, et al., Plaintiffs-Appellants/Cross-Appellees, v. Jill UNDERLY, et al., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 14, 2023.


Attorney(s) appearing for the Case

Richard M. Esenberg , Cory Jennifer Brewer, Attorneys, Wisconsin Institute for Law & Liberty, Milwaukee, WI, for Plaintiffs-Appellants/Cross-Appellees.

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

Danielle Baudhuin Tierney , Attorney, Axley Brynelson LLP, Madison, WI, for Defendant-Appellee in No. 22-2786.

Before Easterbrook, Ripple, and Wood, Circuit Judges.


This long-running case arose in 2015, when Amy and Joseph Forro, whose three children attended St. Augustine School, a self-identified Catholic school in Hartford, Wisconsin, requested transportation benefits from the State of Wisconsin. Wisconsin provides such benefits for parents who send their children to private sectarian...

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