BARRETT RECUSES – Religious Liberty in LIMBO!

Daily Report May 29,2025

Amy Coney Barrett’s recusal from the Supreme Court case has left religious liberty in turmoil, highlighting the volatile intersection of faith-based education and public charter school access.

At a Glance

Justice Barrett’s recusal causes stalemate in Supreme Court.
St Isidore of Seville Catholic school’s public funding denied on church-state grounds.
Debate over religious freedom versus separation of church and state.
Implications for charter school laws in 46 states.

Justices Divide as Barrett Steps Aside

Amy Coney Barrett’s close friendship with Nicole Stelle Garnett, the lawyer arguing for religious charter schools, led to her stepping away from this pivotal Supreme Court case. This action appears to have locked the Court in a 4-4 deadlock, thereby upholding the Oklahoma court’s initial decision. Garnett, now a law professor at Notre Dame, is deeply entwined with Barrett both personally and professionally, casting a long shadow over this case involving St Isidore of Seville, a Catholic virtual school.

Watch coverage here.

Oklahoma had rejected St Isidore’s attempt to become the nation’s first publicly funded religious charter school, citing concerns about the separation of church and state. The Supreme Court’s deadlock has grave implications, with religious organizations seeing an impediment to educational freedom and the protection of their values. The absence of a definitive ruling contrasts sharply with Carson v. Makin, a case that previously favored religious school participation in public benefits.

/div>

The High-Stakes Standoff

The stakes are high, as this decision—or lack thereof—threatens to reshape American public education dramatically. Samuel Abrams warns of the potential “earthquake for American public education,” emphasizing how St Isidore’s fate could set a precedent impacting charter school frameworks across 46 states. The Trump administration had backed the school, opposing the notion that it must choose between accessing government funds or practicing its faith freely.

“This could be an earthquake for American public education” – Samuel Abrams

Meanwhile, state officials remain as polarized as ever. Oklahoma Attorney General Gentner Drummond vehemently opposes taxpayer money for faith-based charters, raising alarms over funding potentially extending to schools with more radical teachings. This sentiment is echoed by civil liberties groups, including the ACLU, that are steadfast in their push to maintain rigid church-state boundaries.

Voices Amid the Fray

Not everyone agrees with Drummond’s obdurate line, however. Oklahoma State Superintendent Ryan Walters touts the case as a missed opportunity for “school choice.” He sees the potential Supreme Court validation as a move that could galvanize religious liberty in education, allowing families to select schools aligned with their values. His advocacy underscores a broader cultural clash over educational opportunity, religious engagement, and state-based restrictions.

“This could be an earthquake for American public education” – Samuel Abrams

This case transcends a mere local debate, touching deep-seated beliefs and the fabric of American legal principles. Oral arguments are slated for April 30, with a decision expected in the summer. Until then, the outcome remains uncertain, leaving religious schools and judicial adherents alike holding their breath for clarity on this contentious issue.