SCHOOL OF LAW NEWS
BERG AND RELIGIOUS LIBERTY CLINIC INFLUENTIAL IN SUPREME COURT DECISION
On June 30, the Supreme Court decided the religious freedom case, Espinoza v. Montana Department of Revenue . In the majority’s opinion, Chief Justice John Roberts made three citations to the casebook Religion and the Constitution (2016), co-written by St. Thomas Law Professor Thomas Berg . Berg’s involvement in Espinoza dates back to 2015, when he and Jennifer Tripp ’16 J.D. , then a student lawyer in the St. Thomas Religious Liberty Appellate Clinic directed by Berg, filed a memorandum letter with the Montana Department of Revenue.
When the case made it to the U.S. Supreme Court, the clinic filed a supporting amicus brief co-drafted by Berg and then-student Scott Fulks ’19 J.D. Berg went on to co-author a brief with Professor Douglas Laycock of the University of Virginia Law School, which was filed on behalf of multiple religious organizations including the United States Conference of Catholic Bishops, the Orthodox (Jewish) Union and the Christian Legal Society. The brief was cited by Justice Brett Kavanaugh during oral argument in January 2020.
Thomas Berg
Scott Fulks
SCHILTZ FOUNDS NEW SPECIAL EDUCATION CLINIC
Professor Elizabeth Schiltz ’10 CSMA has founded the law school’s 14th legal clinic, the Special Education Clinic, which will be offered this spring. The Special Education Clinic will provide pro bono assistance to elementary and secondary students who have qualified for special education services pursuant to an individualized education program (IEP), with a particular focus on students of color with emotional behavioral disorder (EBD) diagnoses. “It’s a small service that we will be able to provide to our community … being a place where parents will get guidance through the IEP process who might not otherwise have the time, luxury or resources to hire lawyers to work them through it,” Schiltz said. Student lawyers in the clinic will represent clients by reviewing IEP plans to ascertain compliance with the Individuals with Disabilities Education Act and ensure documented progress toward identified goals. They will also work with parents and may attend annual IEP meetings to provide support and help negotiate more effective plans. Clients will be referred to the clinic through community partners, and not through self-referrals.
Winter 2020 Page 7
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