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Oklahoma Statewide Charter School Board, et al. v. Gentner Drummond, Attorney General of Oklahoma, ex rel. Oklahoma
Paid petition · Supreme Court of Oklahoma, No. 121,694 · judgment June 25, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Questions presented
Consolidated with 24-396. This Court has "repeatedly held that a State violates the Free Exercise Clause when it excludes religious observers from otherwise available public benefits." Carson as next friend of O. C. v. Makin, 596 U.S. 767, 778 (2022). Three times, the Court has applied that principle to strike down "state efforts to withhold otherwise available public benefits from religious organizations." Id. at 778-79 (citing Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U.S. 449 (2017); Espinoza v. Mont. Dep't of Revenue, 591 U.S. 464 (2020)). Contrary to those precedents, the Oklahoma Supreme Court held that a state can exclude privately owned and operated religious charter schools from its charter-school program by enforcing state-law bans on "sectarian" and religiously affiliated charter schools. The court also held that a charter school engages in state action for constitutional purposes when it contracts with the state to provide publicly funded education. These rulings implicate an entrenched circuit split and present two questions for review:
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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.
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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.
Counsel of record
For petitioner
James A. Campbell
Alliance Defending Freedom
For respondent
Gregory G. Garre
Latham & Watkins LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
12 cert-stage · 47 merits
(29 supporting pet./neither, 18 respondent)
Related
Vide, 24-396
Argument & decision
Argued April 30, 2025 — James A. Campbell · Michael H. McGinley · D. John Sauer · Gregory G.... Audio and transcript
Decided May 22, 2025. Opinion by Per Curiam.
Proceedings
- Aug 05 2025Record returned to the Supreme Court of Oklahoma.
- Jun 23 2025Judgment and Mandate Issued.
- May 22 2025Adjudged to be AFFIRMED by an equally divided Court. Justice Barrett took no part in the consideration or decision of these cases. Opinion per curiam. VIDED.
- Apr 30 2025Argued. For petitioners in 24-394: James A. Campbell, Lansdowne, Va. For petitioner in 24-396: Michael H. McGinley, Washington, D. C. For United States, as amicus curiae: D. John Sauer, Solicitor General, Department of Justice, Washington, D. C. For respondent: Gregory G. Garre, Washington, D. C. VIDED.
- Apr 21 2025Reply of petitioner St. Isidore of Seville Catholic Virtual School filed. VIDED. (Distributed)
- Apr 21 2025Reply of petitioners Oklahoma Statewide Charter School Board, et al. filed. (as to 24-394) (Distributed)
- Apr 17 2025Motion for divided argument filed by petitioners GRANTED. Justice Barrett took no part in the consideration or decision of this motion. VIDED.
- Apr 17 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Barrett took no part in the consideration or decision of this motion. VIDED.
- Apr 07 2025Brief amici curiae of Oklahoma Parent Legislative Advocacy Coalition, et al. filed. VIDED. (Distributed)
- Apr 07 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
- Apr 07 2025Brief amicus curiae of National Alliance for Public Charter Schools filed. VIDED. (Distributed)
- Apr 07 2025Brief amici curiae of Historians and Legal Scholars filed. VIDED. (Distributed)
- Apr 07 2025Brief amici curiae of Scholars of the Religion Clauses filed. VIDED. (Distributed)
- Apr 07 2025Brief amicus curiae of Charter School Growth Fund filed. VIDED. (Distributed)
- Apr 07 2025Brief amici curiae of Public School Organizations, et al. filed. VIDED. (Distributed)
- Apr 07 2025Brief amici curiae of Former Elected and Appointed State, Local and Federal Officials filed. VIDED. (Distributed)
- Apr 07 2025Brief amici curiae of Association on American Indian Affairs, et al. filed. VIDED. (Distributed)
- Apr 07 2025Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. VIDED. (Distributed)
- Apr 07 2025Brief amici curiae of Constitutional and Education Law Scholars filed. VIDED. (Distributed)
- Apr 07 2025Brief amici curiae of Public Charter School Parents, et al. filed. VIDED. (Distributed)
- Apr 07 2025Brief amicus curiae of National Association of Charter School Authorizers filed. VIDED. (Distributed)
- Apr 07 2025Brief amici curiae of Advancement Project, et al. filed. VIDED. (Distributed)
- Apr 07 2025Brief amici curiae of National Parents Union, et al. filed. VIDED. (Distributed)
- Apr 07 2025Brief amici curiae of Charter Schools filed. VIDED. (Distributed)
- Apr 07 2025Brief amici curiae of Public Charter School Organizations filed. VIDED. (Distributed)
- Apr 07 2025Brief amici curiae of Colorado, et al. filed. VIDED. (Distributed)
- Apr 07 2025Amicus brief of American Atheist, Inc., et al. not accepted for filing. (To be corrected and resubmitted - April 9, 2025)
- Apr 07 2025Brief amici curiae of American Atheist, Inc., et al. filed. VIDED. (Distributed)
- Mar 31 2025Brief of respondent Gentner Drummond filed. VIDED. (Distributed)
- Mar 21 2025Brief amicus curiae of Jon R. Meador filed. VIDED. (Distributed)
- Mar 19 2025Record received from the Supreme Court of Oklahoma and available with the Clerk (one box).
- Mar 19 2025CIRCULATED
- Mar 12 2025Brief amicus curiae of United States filed. VIDED.
- Mar 12 2025Brief amici curiae of American Center for Law and Justice, et al. filed. VIDED
- Mar 12 2025Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed. VIDED.
- Mar 12 2025Brief amici curiae of Classical Charter Schools of America, Inc., et al. filed. VIDED.
- Mar 12 2025Brief amicus curiae of Professor Charles L. Glenn filed. VIDED.
- Mar 12 2025Brief amici curiae of Senator James Lankford, et al. filed. VIDED.
- Mar 12 2025Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed. VIDED
- Mar 12 2025Brief amici curiae of Christian Legal Society, et al. filed. VIDED.
- Mar 12 2025Brief amici curiae of Ryan Walters, et al. filed. VIDED.
- Mar 12 2025Brief amici curiae of EdChoice, Inc., et al. filed. VIDED.
- Mar 12 2025Brief amici curiae of Former Oklahoma Attorney General John M. O'Connor, et al. filed. VIDED.
- Mar 12 2025Brief amicus curiae of Covenant Journey Academy filed. (as to 24- 394) VIDED.
- Mar 12 2025Brief amici curiae of Governor Francis Keating II, et al. filed. VIDED.
- Mar 12 2025Brief amici curiae of General Council of the Assemblies of God, et al. filed. VIDED.
- Mar 12 2025Brief amicus curiae of Hon. Peter Deutsch filed. VIDED.
- Mar 12 2025Brief amici curiae of South Carolina, et al. filed. VIDED.
- Mar 12 2025Brief amicus curiae of Oklahoma Governor J. Kevin Stitt filed. VIDED.
- Mar 12 2025Brief amicus curiae of Union of Orthodox Jewish Congregations of America filed. VIDED.
- Mar 12 2025Brief amicus curiae of Foundation for Moral Law filed. VIDED.
- Mar 12 2025Brief amici curiae of Great Hearts Academies, et al. filed. VIDED.
- Mar 12 2025Brief amicus curiae of The Rutherford Institute filed. VIDED. (Distributed)
- Mar 12 2025Amicus brief of Lepanto Institute submitted.
- Mar 11 2025Brief amicus curiae of National Religious Broadcasters filed. VIDED.
- Mar 11 2025Brief amicus curiae of United States Conference of Catholic Bishops filed. VIDED
- Mar 11 2025Brief amicus curiae of the Wolff Family filed. VIDED.
- Mar 11 2025Brief amicus curiae of Manhattan Institute filed. VIDED.
- Mar 11 2025Brief amici curiae of World Faith Foundation, et al. filed. VIDED.
- Mar 11 2025Motion for divided argument filed by petitioners. VIDED.
- Mar 05 2025Brief of petitioners Oklahoma Statewide Charter School Board, et al. filed (as to 24-394). (Distributed)
- Mar 05 2025Brief of petitioner St. Isidore of Seville Catholic Virtual School filed. VIDED.
- Mar 05 2025Joint appendix filed (2 volumes). VIDED. (Statement of costs filed)
- Mar 04 2025Brief amicus curiae of Professor S. Ernie Walton filed. VIDED.
- Mar 03 2025Record requested from the Supreme Court of Oklahoma.
- Feb 24 2025SET FOR ARGUMENT on Wednesday, April 30, 2025. VIDED.
- Jan 24 2025Petition GRANTED. The petition for a writ of certiorari in No. 24-396 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Petitioners' briefs on the merits are to be filed on or before Wednesday, March 5, 2025. Respondent's brief on the merits is to be filed on or before Monday, March 31, 2025. The reply briefs are to be received by the Clerk and served upon opposing counsel on or before 2 p.m., Monday, April 21, 2025. VIDED. Justice Barrett took no part in the consideration or decision of this petition.
- Jan 24 2025Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 24-394. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-394. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
- Jan 21 2025DISTRIBUTED for Conference of 1/24/2025.
- Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
- Dec 24 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 23 2024Reply of petitioners Oklahoma Statewide Charter School Board, et al. filed. (Distributed)
- Dec 09 2024Brief amicus curiae of National Alliance for Public Charter Schools filed. VIDED.
- Dec 09 2024Brief of respondent Gentner Drummond in opposition filed.
- Nov 08 2024Brief amici curiae of Former Oklahoma Attorneys General John M. O'Connor & E. Scott Pruitt filed.VIDED.
- Nov 08 2024Brief amici curiae of General Council of the Assemblies of God, et al. filed. VIDED.
- Nov 08 2024Brief amici curiae of South Carolina, et al. filed. VIDED.
- Nov 08 2024Brief amici curiae of Ryan Walters in His Official Capacity as Superintendent of Public Instruction for Oklahoma, et al. filed. VIDED.
- Nov 08 2024Brief amicus curiae of Oklahoma Governor J. Kevin Stitt filed.
- Nov 08 2024Brief amici curiae of Classical Charter Schools of America, Inc., et al. filed.
- Nov 08 2024Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
- Nov 08 2024Brief amici curiae of the Jewish Coalition for Religious Liberty, et al. filed. VIDED.
- Nov 07 2024Brief amicus curiae of The Buckeye Institute filed. VIDED.
- Nov 05 2024Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed. VIDED.
- Oct 31 2024Brief amicus curiae of Manhattan Institute filed. VIDED.
- Oct 30 2024Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2024.
- Oct 29 2024Motion to extend the time to file a response from November 8, 2024 to December 9, 2024, submitted to The Clerk.
- Oct 07 2024Petition for a writ of certiorari filed. (Response due November 8, 2024)
- Sep 13 2024Application (24A254) granted by Justice Gorsuch extending the time to file until October 7, 2024.
- Sep 09 2024Application (24A254) to extend the time to file a petition for a writ of certiorari from September 23, 2024 to October 7, 2024, submitted to Justice Gorsuch.