After split reasoning on certified question, private-school busing lawsuit to return to 7th Circuit.

• Date: 06 July 2021

Byline: Michaela Paukner, mpaukner@wislawjournal.com

A lawsuit over busing requirements for private, religious schools in Wisconsinwill return to the Seventh Circuit Court of Appeals.

On Friday, the Wisconsin Supreme Court answered a certified question inSt. Augustine School v. Carolyn Stanford Taylor, a case that's gone up to the U.S. Supreme Court and back in the past five years.

In the latest chapter of the case, the Seventh Circuit asked the state Supreme Court how to determine whether two or more schools are private schools affiliated with the same religious denomination for purposes of Wis. Stat. 121.51. The statute says the attendance areas of private schools affiliated to the same religious denomination shall not overlap.

The state Supreme Court's 81-page documentanalyzingthe question included the majority opinion authored by Justice Ann Walsh Bradley, concurrences from Justices Brian Hagedorn and Pat Roggensack, and one dissenting opinion written by Justice Rebecca Bradley.

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