Latest news with #MinnesotaLawReview
Newsweek
22-05-2025
- Politics
- Newsweek
Why Amy Coney Barrett May Have Sat Out Huge Supreme Court Case
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. U.S. Supreme Court Justice Amy Coney Barrett was the lone jurist on the High Court who did not participate in a ruling that blocked creation of the first taxpayer-funded religious charter school in the nation. The resulting 4-4 split decision reached on Thursday upholds a ruling by the Oklahoma Supreme Court to invalidate the state charter board's approval of St. Isidore of Seville Catholic Virtual School without setting a national precedent. Justices are not required to provide a reason for their recusal from a case. Barrett did not explain hers, but she is close friends and used to teach with Notre Dame law professor Nicole Garnett, who has been an adviser to the school, according to the Associated Press (AP). Supreme Court Justice Amy Coney Barrett speaks during a panel discussion at the winter meeting of the National Governors Association on February 23 in Washington, D.C. Supreme Court Justice Amy Coney Barrett speaks during a panel discussion at the winter meeting of the National Governors Association on February 23 in Washington, D.C. AP Photo/Mark Schiefelbein Why It Matters The U.S. Supreme Court's ruling in the case packed the potential to expand the scope of religious institutions' access to public funding nationwide. Instead, it ended in a rare 4-4 split. A total of 164 cases decided by the High Court from 1925 to 2015 ended in a tied ruling, according to the Minnesota Law Review. In addition to recusals, the court has decided cases with eight members following the death of a justice. Following Justice Antonin Scalia's death in 2016, the court was left with eight justices and had evenly split rulings on several cases, including United States v. Texas and Friedrichs v. California Teachers Association. What To Know The High Court's decision was announced in a brief one-page opinion on Thursday: "The judgment is affirmed by an equally divided Court. Justice Barrett took no part in the consideration or decision of these cases." The opinion does not reveal how each justice voted. Oklahoma's Statewide Charter School Board approved an application by St. Isidore in 2023 and state Attorney General Gentner Drummond filed a lawsuit in response, arguing that the decision violated state and federal laws against government establishment of religion. After the Oklahoma Supreme Court ruled in Drummond's favor, St. Isidore appealed to the U.S. Supreme Court. The K-12 online Catholic school had originally planned to start instruction for 200 students in fall 2024. In a statement to Newsweek, George Theoharis, teaching and leadership professor at Syracuse University, said the deadlocked ruling leaves many questions unanswered. "If the court allows the specific teaching of religion (forbidden by current law), what other parts of the law will religious and other charter schools no longer need to comply with? Can they reject students they do not want to educate?" He said it also remains unclear whether students who do not practice the school's religion would be allowed to attend and if they would be forced to participate in religious education. Charter schools are free and open to all, receive state funding and must follow antidiscrimination laws. They are run by independent boards that are not part of the public school system. What People Are Saying Theoharis, also in his statement to Newsweek: "Will the court wrestle with families that are not Catholic sending their kids to this charter school and will they get to object to the teaching of religion?" Jim Campbell—chief legal counsel at Alliance Defending Freedom who argued on behalf of Oklahoma's charter school board to the Supreme Court—in comments to AP: "Oklahoma parents and children are better off with more educational choices, not fewer. While the Supreme Court's order is disappointing for educational freedom, the 4-4 decision does not set precedent, allowing the court to revisit this issue in the future." What Happens Next The decision invalidates prior approval of St. Isidore by Oklahoma's charter board. The lack of a national precedent allows religious schools to seek consent from state charter boards in the future, which could lead to further litigation. Do you have a story that Newsweek should be covering? Do you have any questions about this story? Contact LiveNews@
Newsweek
30-04-2025
- Politics
- Newsweek
Supreme Court Could Have Extremely Rare Ruling in Religious Charter Case
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. The U.S. Supreme Court is weighing a pivotal case on whether public funds can support religious charter schools, a matter that could reshape constitutional interpretations of the separation of church and state. Justice Amy Coney Barrett has recused herself from participating in the case, a decision that may alter the balance in the ruling involving two related appeals: Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond. Without Barrett, there are only eight justices ruling on the case, meaning, it could end in a tie, a rare event for the Supreme Court. Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. AP Photo/J. Scott Applewhite, File Why It Matters The case centers on St. Isidore of Seville Catholic Virtual School, which would be the first publicly funded religious charter school in the U.S. In 2023, Oklahoma's Statewide Charter School Board approved the school's application. State Attorney General Gentner Drummond filed suit to block the move, arguing that the decision violated both state and federal constitutional prohibitions against government establishment of religion. The Oklahoma Supreme Court sided with Drummond, but St. Isidore's backers appealed to the Supreme Court. If the Supreme Court rules in favor of St. Isidore, it could expand the scope of religious institutions' access to public funding. This would mark a significant shift in the interpretation of the First Amendment's Establishment Clause and could open the door to similar proposals nationwide. The court's decision would come amid rising political tensions over the role of religion in public life and education. What To Know Barrett did not give a reason for her recusal. However, she was a professor at the University of Notre Dame, whose religious liberty clinic represents the charter school, which is fueling speculation as to the reason behind her recusal. Without her, if all three liberal justices side together with one conservative justice, the case would end in a tie. Tied Supreme Court decisions, while rare, are not unprecedented. A total of 164 cases decided by the Court between 1925 to 2015 ended in a tied ruling, according to the Minnesota Law Review. In addition to recusals, the Court has had to decide cases with an even number of members following the death of a justice. Following Justice Antonin Scalia's death in 2016, the Court was left with only eight justices and ended in a tie on cases including United States v. Texas and Friedrichs v. California Teachers Association. Barrett's recusal could prove decisive. A 4-4 deadlock among the remaining justices would uphold the Oklahoma Supreme Court's decision blocking the school without creating a binding national precedent. Oklahoma Attorney General Gentner Drummond has argued that public funding for St. Isidore of Seville Catholic Virtual School would blur constitutional lines and compel taxpayers to support religious instruction. St. Isidore plans to offer religious instruction as part of its virtual curriculum, which would be delivered to students across the state using public charter school funds. The implications of a ruling favoring the school would be profound, potentially authorizing religious curriculum under state auspices for the first time in modern U.S. education policy. What People Are Saying National Alliance for Public Charter Schools, in a filing to the Supreme Court: "Charter schools now face a critical moment. This case presents an existential threat not just to the fabric of public charter schools, but to their continued existence." St. Isidore of Seville Catholic Virtual School, in a filing: "St. Isidore is a private entity seeking to participate in Oklahoma's charter school program. The free exercise clause prohibits the state from denying St. Isidore and its future students this opportunity solely because it is religious." What Happens Next A decision date has not been officially announced, but the Supreme Court commonly issues major rulings by the end of its term in late June. Do you have a story that Newsweek should be covering? Do you have any questions about this story? Contact LiveNews@
