2023 Supreme(US)(ca7) 394
COURT OF APPEALS FOR THE SEVENTH CIRCUIT
St. Augustine School – Appellant
Versus
Jill Underly – Respondent
United States Court of Appeals For the Seventh Circuit ____________________ Nos. 22-2786 & 22-2846 ST. AUGUSTINE SCHOOL, et al., Plaintiffs-Appellants/Cross-Appellees, v. JILL UNDERLY, et al., Defendants-Appellees/Cross-Appellants. ____________________
Appeals from the United States District Court for the Eastern District of Wisconsin. No. 2:16-cv-00575 — Lynn Adelman, Judge. ____________________
ARGUED MARCH 31, 2023 — DECIDED AUGUST 14, 2023 ____________________
Before EASTERBROOK, RIPPLE, and WOOD, Circuit Judges.
WOOD, Circuit Judge. 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 Hart-
ford, Wisconsin, requested transportation benefits from the
State of Wisconsin. Wisconsin provides such benefits for par-
ents who send their children to private sectarian schools. See
Wis. Stat. § 121.54. This time, however, the responsible school
district and the state superintendent of public instruction (the
2 Nos. 22-2786 & 22-2846 Superintendent) denied the parents’ request because the state
was already providing transportation benefits to St. Gabriel,
another Catholic school operating in the same area. In so do-
ing, the state authorities were attempting to follow a Wiscon-
sin law that stipulates that only one school from a single or-
ganizational entity in each “attendance area” may qualify for
benefits. See Wis. Stat. § 121.51. But the links between St. Au-
gustine and St. Gabriel were only skin-deep. Although they
both proclaim an affiliation with Catholicism, the two schools
are not affiliated with one another in other significant ways.
This fact led St. Augustine and the Forros to sue for benefits
they believe were wrongfully withheld. (Unless the context
requires otherwise, we refer to the plaintiffs collectively as the
Forros.)
Several years of litigation ensued, including a trip up and
back from the U.S. Supreme Court, St. Augustine School v. Tay-
lor, 141 S. Ct. 186 (2020) (mem.), two published opinions from
this court, St. Augustine School v. Evers,