William Bentley Ball and the 'Century of Struggle' for School Choice

Dennis Wieboldt III headshot

Dennis Wieboldt III
University of Notre Dame

Date:Thursday, February 19, 2026
Time:12 - 1pm
Location:Boisi Center, 24 Quincy Road, Conference Room

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, includingWisconsin 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 profoundinfluences on Ballas aCatholic schoolboy in Cleveland, Ohio, during the early twentieth century. In doing so, it introduces a novel way of understandingthe origins of the school choice movement 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 fight for school choice inLemon v. Kurtzmanwas the windup of years of work a century of struggle. To be sure, Ball was not litigating for a century beforeLemon, 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 rostrum. Exploring the intellectual formation that Ball underwent long beforeLemonthus 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 headshot

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.

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