US supreme court blocks religious charter school in split ruling
Justices’ 4-4 ruling leaves intact lower court’s decision that blocked establishment of Oklahoma school
The
US supreme court on Thursday blocked an attempt led by two Catholic dioceses to establish in
Oklahoma the nation’s first taxpayer-funded religious charter school in a major case involving religious rights in American education that challenged the constitutional separation of church and state.
The 4-4 ruling left intact a lower court’s decision that blocked the establishment of St Isidore of Seville Catholic virtual school. The lower court found that the proposed school would violate the US constitution’s first amendment limits on government involvement in religion.
The conservative justice
Amy Coney Barrett recused herself from the case, leaving eight justices rather than the full slate of nine to decide the outcome. Barrett is a former professor at Notre Dame Law School, which represents the school’s organizers.
When the supreme court is evenly divided, the lower court’s decision stands. The justices did not provide a rationale for their action in the unsigned ruling. It was not disclosed how each member of the bench voted, though it is likely that the three liberal-leaning justices favored upholding the block and if that was indeed the case it poses the intriguing question of which conservative-leaning justice joined them.
https://www.theguardian.com/us-news/2025/may/22/supreme-court-religious-charter-schools-ruling