A petition for certiorari (full text) was filed Tuesday with the U.S. Supreme Court seeking review of the 4th Circuit’s decision in Hall v. Fleming. In the case, the U.S. 4th Circuit upheld the constitutionality of a Virginia Tuition Assistance Grant Program that denies grants to undergraduate students studying in programs that provide religious training or theological education. The petition for review asks the Supreme Court to overrule its 2004 decision in Locke v. Davey, the precedent on which the 4th Circuit relied in upholding Virginia’s program.
ADF announced the filing in a press release that said in part that Josh Davey, who was the respondent in Locke v. Davey, is a co-counsel in this appeal.