The U.S. Supreme Court announced on May 22 that it was evenly divided in a major case involving the legality of Oklahoma’s plan to authorize a taxpayer-funded Catholic virtual charter school. The result leaves the lower court’s ruling in place and halts the school’s launch for now.
What the case was about
At the center of the dispute was the Oklahoma Statewide Charter School Board’s decision to approve St. Isidore of Seville Catholic Virtual School. It would have been the first religious charter school in the nation. The state’s Attorney General, Gentner Drummond, challenged the decision, arguing it violated constitutional protections separating church and state.
Supreme Court split 4–4
The justices split evenly, resulting in a per curiam decision that affirms the Oklahoma Supreme Court’s ruling against the school. Because Justice Amy Coney Barrett did not participate, the remaining eight justices split evenly and failed to produce a majority opinion.
When the Supreme Court is equally divided:
- The lower court’s decision stands.
- The decision sets no national precedent.
- Courts cannot cite the case as binding authority outside the lower court’s jurisdiction.
Implications for religious charter schools
The ruling temporarily blocks efforts to expand publicly funded religious charter schools, a legal frontier that conservatives have pushed in recent years. Supporters argue such schools deserve equal access to public funds, while opponents warn they violate the First Amendment’s Establishment Clause.
By affirming the state court’s decision without a binding opinion, the Supreme Court leaves room for future challenges in other states.
What happens next
The St. Isidore school will not open as planned, and Oklahoma will likely revisit its policies on religious charter school authorization. Other states considering similar moves may now proceed more cautiously.
Future litigation could revive the issue if brought before a full bench with all nine justices participating.
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