A long-standing friendship between Amy Coney Barrett and Nicole Stelle Garnett, a law professor at the University of Notre Dame, is drawing attention as the Supreme Court considers a pivotal case on religious freedom and school choice. Garnett, who has a distinguished career in law with a focus on the intersection of religion and education, has been a vocal advocate for expanding school choice programs to include religious schools. Her professional background, coupled with her close ties to Justice Barrett, is raising questions about potential influences on the court's decisions.
Garnett's professional journey is marked by significant roles and contributions that align with her advocacy for religious education. She has served as a staff attorney for the Institute for Justice, a right-leaning law firm, and assisted Justice Clarence Thomas during the 1998 term. Her work on Bagley v Raymond challenged Maine’s exclusion of religious schools from a private school choice program, highlighting her commitment to this issue. As a trustee at Trinity School at Greenlawn in South Bend, Indiana, and a faculty fellow with Notre Dame’s Religious Liberty Clinic, Garnett has consistently championed the rights of religious schools.
Her efforts extend beyond academia, as she has represented St Isidore of Seville Catholic virtual school in a case before the Oklahoma Supreme Court. Garnett has also been critical of aspects of school choice that she views as unfriendly to religious freedom, advocating for policies that support religious institutions in education.
A Prominent Voice in Religious Education
Nicole Stelle Garnett's career is deeply rooted in advocating for religious freedom within the educational sphere. Her involvement in legal cases and academic work reflects her strong belief in the importance of religious education.
Garnett argues that state policies should not force schools, parents, or students to choose between religious exercise and government funding. This stance aligns with the Trump administration's assertion:
"A state may not put schools, parents or students to the choice of forgoing religious exercise or forgoing government funds."
Furthermore, Garnett's widely-circulated 2020 paper outlines the legal path to expanding school choice programs to include religious schools, reinforcing her position on this matter. Her testimony before the Senate Judiciary Committee on school choice and religious freedom further cements her as a leading voice in this ongoing debate.
In her 2012 paper, Garnett expressed concerns about the declining enrollments in Catholic schools, attributing this trend partially to the rise of charter schools. She wrote:
"There is little doubt that the declining enrollments in Catholic schools are at least partially attributable to the rise of charter schools."
The Intersection of Personal and Professional Lives
Garnett's friendship with Justice Barrett has added another layer of interest to her professional pursuits. The two met at Notre Dame and have maintained a close relationship over the years. Garnett has expressed admiration for Barrett's achievements, noting:
"Wow, that’s about the coolest thing that’s ever going to happen to me."
She also reflected on Barrett's journey, stating:
"Now, to see my friend testifying before the Senate judiciary committee, to walk back up the steps 21 years later is really, really something."
While their friendship is personal, it inevitably raises questions about its potential impact on legal decisions concerning religious freedom and education.
Garnett's involvement in various legal cases demonstrates her dedication to these issues. She describes her work as both challenging and rewarding:
"It’s a heady experience and really hard work."
This sentiment underscores her commitment to advocating for religious institutions within the educational system.
Implications for American Education
As the Supreme Court deliberates on cases related to school choice and religious freedom, experts are considering the broader implications for American public education. Samuel Abrams, an education policy expert, commented on the potential consequences of a ruling in favor of religious institutions:
"This could be an earthquake for American public education."
Abrams further emphasized the significance of such a decision:
"If the supreme court rules in favor of overturning that decision, the church-stage cleavage will disappear. That’s a dramatic development for the first amendment."
These perspectives highlight the potential impact on educational policies across the nation. Garnett's advocacy efforts align with these discussions, as she continues to push for changes that support religious schools.
Her work on cases involving religion and education has positioned her as a key figure in this debate. While her friendship with Barrett is personal, it remains an element of interest given their shared backgrounds and values.