Bloomberg Law SCOTUS Deadlocked & DOJ Pursues Trump Foes
May 23, 2025
Join religious liberties expert Stephanie Barclay, Georgetown Law professor, as she discusses a key Supreme Court tie on a religious charter school case. Barbara McQuade, former U.S. attorney and Michigan Law professor, critiques the Trump administration's legal maneuvers against opponents. Ilya Somin, constitutional law expert at George Mason, navigates the complex landscape of nationwide injunctions versus class actions. Together, they unpack the implications these legal battles hold for justice and education in America.
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SCOTUS Deadlock on Faith School
- The Supreme Court deadlocked 4-4 on allowing the first faith-based charter school in Oklahoma, affirming the lower court's denial.
- This left unresolved whether states must include religious institutions in taxpayer-funded charter programs.
First Amendment Clauses Cooperate
- The First Amendment's Establishment and Free Exercise Clauses generally support religious liberty cooperatively.
- The Court protects religious schools from government exclusion under the Free Exercise Clause but restricts government-run schools from endorsing religion.
Likely SCOTUS Vote Breakdown
- The Court's vote likely split with the Chief Justice siding with liberals, blocking the religious charter school bid.
- Justice Barrett recused, resulting in a 4-4 tie that affirms the Oklahoma Supreme Court decision.