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. Kurtzman“was 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’s 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.

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. “The Rise and Fall of School Vouchers: A Story of Religion, Race, and Politics.” 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."'Shall We Settle for Anything Less Than Complete Equality?' Catholic Power and the First National Fight for Parental Rights in Education, 1947–1962." Religion and American Culture (2026): 1–39.

Przybyszewski, Linda. “Religious Liberty Sacralized: The Persistence of Christian Dissenting Tradition and the Cincinnati Bible War.” Law and History Review 39, no. 4 (2021): 707–36. .

On January 31, 2026, Forbes analyzing a new federal voucher tax creditincluded in the recently passed “One Big Beautiful Bill.” 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’s luncheon colloquium will discuss William Bentley Balll—a now-forgotten but pivotal twentieth-century religious liberty litigator—to reveal how his Catholic upbringing shaped the intellectual foundations of the school choice movement that he championed before the Supreme Court.

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