William Bentley Ball and the 'Century of Struggle' for School Choice
Dennis Wieboldt III
University of Notre Dame
Date:听Thursday, February 19, 2026
Time:听12 - 1pm
Location:听Boisi Center, 24 Quincy Road, Conference Room听听
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William Bentley Ball was among the most important religious liberty litigators of the twentieth century. Aside from arguing nine cases before the U.S. Supreme Court, including听Wisconsin v. Yoder, he represented religious individuals and institutions in dozens of state and federal courts across the nation. And yet, his story has been almost entirely forgotten by historians and legal scholars. This paper thus uncovers the profound听influences on Ball听as a听Catholic schoolboy in Cleveland, Ohio, during the early twentieth century. In doing so, it introduces a novel way of understanding听the origins of the school choice movement 鈥 a movement that, along with others that staked claims on the Religion Clauses, has an important place in the history of the twentieth-century Supreme Court. As Ball himself remarked after arguing his first case before the Justices in 1971, the 鈥渇ight鈥 for school choice in听Lemon v. Kurtzman听鈥渨as the windup of years of work 鈥 a century of struggle.鈥 To be sure, Ball was not litigating for a century before听Lemon, but the ideas that so decisively shaped his thinking about the constitutionality of public funding for private religious education indeed emerged one hundred years before Ball first appeared behind the Court鈥檚 rostrum. Exploring the intellectual formation that Ball underwent long before听Lemon听thus promises to shed new light on the twentieth-century Court and yet another one of the legal campaigns that has figured so prominently in its history.
Dennis Wieboldt III is a J.D./Ph.D. student in history at the University of Notre Dame, where he is a Richard and Peggy Notebaert Premier Fellow at the Graduate School and Edward J. Murphy Fellow at the Law School. The first Notre Dame student to concurrently pursue a J.D./Ph.D. in history, Dennis has authored more than a dozen scholarly articles and book chapters on religious liberty, civil rights, constitutional interpretation, and related subjects.
Dierenfield, Bruce J., and David A. Gerber. Disability Rights and Religious Liberty in Education: The Story behind Zobrest v. Catalina. Urbana, IL: University of Illinois Press, 2020.
Forman, James Jr. 鈥淭he Rise and Fall of School Vouchers: A Story of Religion, Race, and Politics.鈥 Georgetown Law Faculty Publications and Other Works, no. 77 (2007). .
Gross, Robert N. Public vs. Private: The Early History of School Choice in America. Oxford: Oxford University Press, 2022.
Krason, Stephen M. The Crisis of Religious Liberty: Reflections from Law, History, and Catholic Social Thought. Lanham, MD: Rowman & Littlefield, 2015.
Wieboldt III, Dennis.听"'Shall We Settle for Anything Less Than Complete Equality?' Catholic Power and the First National Fight for Parental Rights in Education, 1947鈥1962." Religion and American Culture (2026): 1鈥39.
Przybyszewski, Linda. 鈥淩eligious Liberty Sacralized: The Persistence of Christian Dissenting Tradition and the Cincinnati Bible War.鈥 Law and History Review 39, no. 4 (2021): 707鈥36. .
On January 31, 2026, Forbes analyzing a new federal voucher tax credit听included in the recently passed 鈥淥ne Big Beautiful Bill.鈥 The piece argues that while the provision offers a tax credit for donations to school-choice scholarship organizations, its significance goes far beyond modest tax relief. Buried in broader tax legislation, the tax credit is seen by critics as a strategic push toward privatizing education and weakening traditional public schools by redirecting financial support to private and alternative schooling options. Supporters of the policy frame it as expanding parental choice and empowering families to select the best educational setting for their children, but opponents warn that it could divert resources from public education and widen inequalities. The article places the tax credit in the context of an ongoing national debate over the future of public schooling and school choice. In the context of this debate, Dennis Wieboldt鈥檚 luncheon colloquium will discuss William Bentley Balll鈥攁 now-forgotten but pivotal twentieth-century religious liberty litigator鈥攖o reveal how his Catholic upbringing shaped the intellectual foundations of the school choice movement that he championed before the Supreme Court.
