Religious Freedom Blog

SCOTUS Takes a Wiff

The Oklahoma Statewide Charter School Board v. Gentner Drummond, Attorney General of the State of Oklahoma was a landmark case. This case would have determined whether we could continue to abide by The First Amendment or whether we were to drift into Christian nationalism by using public money to fund a Catholic Charter school. This landmark case would have resulted in the first publicly funded religious school. The fate of our public schools and the breakdown of The Establishment Clause were at risk. And what did the Supreme Court do?

It took a wiff.  

SCOTUS chose to hear this case even though The Supreme Court of Oklahoma had clearly indicated this case was a violation of The First Amendment. The publication of this landmark case has no decision and no show of who voted for or against this case. This is unprecedented. The outcome of the 4-4 tie on this case affirms the decision by The Oklahoma Supreme Court.

The job of The Supreme Court is to guide current and future decisions through case law. The current court has shown its disregard for case law by invalidating the Lemon Laws and by their Dobb’s decision. In the Oklahoma Charter School case, The Court has abdicated its duty with this ‘decision’. Our reliance on The Court to help guide our government and our society suffers from this deferral of responsibility by The Court.

Here is a copy of the slip opinion from The Court.

SUPREME COURT OF THE UNITED STATES Nos. 24–394 and 24–396 

OKLAHOMA STATEWIDE CHARTER SCHOOL BOARD, ET AL., 

PETITIONERS 24–394 v. GENTNER DRUMMOND, ATTORNEY GENERAL OF OKLAHOMA, EX REL. OKLAHOMA ST. ISIDORE OF SEVILLE CATHOLIC VIRTUAL SCHOOL, PETITIONER 24–396 v. GENTNER DRUMMOND, ATTORNEY GENERAL OF OKLAHOMA, EX REL. OKLAHOMA ON WRITS OF CERTIORARI TO THE SUPREME COURT OF OKLAHOMA [May 22, 2025] PER CURIAM. 

The judgment is affirmed by an equally divided Court. JUSTICE BARRETT took no part in the consideration or decision of these cases.