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Oklahoma Statewide Charter School Board v. Drummond

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Supreme Court of the United States
Oklahoma Statewide Charter School Board v. Drummond
Term: 2024
Important Dates
Argued: April 30, 2025
Decided: May 22, 2025
Outcome
affirmed
Vote
4-4
Majority
Per curiam

Oklahoma Statewide Charter School Board v. Drummond is a case that was decided by the Supreme Court of the United States on May 22, 2025, during the court's October 2024-2025 term. The case was argued before the Supreme Court of the United States on April 30, 2025.

In a 4-4 per curiam opinion, the court affirmed the judgment of the Oklahoma Supreme Court.[1] Justice Amy Coney Barrett took no part in the consideration or decision of these cases.

HIGHLIGHTS
  • The issue: The case concerned whether a privately-owned school's actions are considered state actions because the school has a contract with the state to offer free education to students. The Court also considered whether excluding private religious schools from Oklahoma's charter-school program violates the First Amendment. Click here to learn more about the case's background.
  • The questions presented: "1. Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students. 2. Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the state's charter-school program solely because the schools are religious, or whether a state can justify such an exclusion by invoking anti-establishment interests that go further than the Establishment Clause requires."[2]
  • The outcome: In a 4-4 per curiam opinion, the court affirmed the judgment of the Oklahoma Supreme Court.[1]


    • The case came on a writ of certiorari to the Oklahoma Supreme Court. To review the lower court's opinion, click here.

    Background

    Case summary

    The following are the parties to this case:[3]

    The following summary of the case was published by Oyez, a free law project from Cornell’s Legal Information Institute, Justia, and the Chicago-Kent College of Law:[4]

    “

    Gentner Drummond, the Attorney General for the State of Oklahoma, filed an action against the Oklahoma Statewide Virtual Charter School Board and its members seeking to invalidate their contract with St. Isidore of Seville Catholic Virtual School. St. Isidore, supported by the Archdiocese of Oklahoma City and the Diocese of Tulsa, aims to operate as a Catholic virtual charter school. In creating this contract, the Charter School Board recognized religious rights and entitlements for St. Isidore, which deviated from the standard expectation that charter schools remain nonsectarian under Oklahoma law.

    On June 5 and October 9, 2023, the Charter School Board approvingly voted for St. Isidore's application and contract, both by a 3-2 margin. The contract omitted standard provisions prohibiting religious affiliation while affirming St. Isidore’s religious mission, which the State contends violates the Oklahoma Constitution, the Oklahoma Charter Schools Act, and the Establishment Clause of the federal Constitution. Consequently, the State requested a writ of mandamus to rescind the contract, arguing that the use of public funds for a sectarian institution contravenes legal and constitutional prohibitions.

    The Supreme Court of Oklahoma assumed original jurisdiction and granted belated relief to the State, holding that the contract violated state and federal law, including constitutional provisions prohibiting government establishment of religion.[5]

    		”

    To learn more about this case, see the following:

    Timeline

    The following timeline details key events in this case:

    • May 22, 2025: The U.S. Supreme Court affirmed the judgment of the Oklahoma Supreme Court.[1]
    • April 30, 2025: The U.S. Supreme Court heard oral argument.
    • January 24, 2025: The U.S. Supreme Court agreed to hear the case.
    • October 7, 2024: Oklahoma Statewide Charter School Board, et al. appealed to the U.S. Supreme Court.
    • January 25, 2024: The Oklahoma Supreme Court ruled that the contract between the state of Oklahoma and the St. Isidore charter school was unconstitutional, violating the Establishment Clause of the First Amendment, the Oklahoma Constitution, and Oklahoma statutes. The court ordered the Oklahoma Statewide Charter School Board to rescind the contract it had made with St. Isidore, through the issuance of a writ of mandamus.

    Questions presented

    The petitioner presented the following questions to the court:[2]

    Questions presented:
    “ 1. Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students.

    2. Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the state's charter-school program solely because the schools are religious, or whether a state can justify such an exclusion by invoking anti-establishment interests that go further than the Establishment Clause requires.[5]

    		”

    Oral argument

    Audio

    Audio of oral argument:[6]




    Transcript

    Transcript of oral argument:[7]

    Outcome

    In a 4-4 per curiam opinion, the court affirmed the judgment of the Oklahoma Supreme Court.[1] Justice Amy Coney Barrett took no part in the consideration or decision of these cases.

    Text of the opinion

    Read the full opinion here. A per curiam decision is issued collectively by the court. The authorship is not indicated. Click here for more information.


    October term 2024-2025

    See also: Supreme Court cases, October term 2024-2025

    The Supreme Court began hearing cases for the term on October 7, 2024. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[8]


    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 U.S. Supreme Court, "Oklahoma Statewide Charter School Board v. Drummond," May 22, 2025
    2. ↑ 2.0 2.1 Supreme Court of the United States, "24-394 OKLAHOMA STATEWIDE CHARTER SCHOOL BOARD V. DRUMMOND QP", January 24, 2025
    3. ↑ Supreme Court of the United States, "No. 24-394 Oklahoma Statewide Charter School Board v. Drummond" accessed January 28, 2025
    4. ↑ Oyez, "Oklahoma Statewide Charter School Board v. Drummond", accessed January 28, 2025
    5. ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    6. ↑ Supreme Court of the United States, "Oral Argument - Audio," argued April 30, 2025
    7. ↑ Supreme Court of the United States, "Oral Argument - Transcript," argued April 30, 2025
    8. ↑ SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed January 24, 2022
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