Advisory Opinions Right-on-Right Violence
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May 6, 2025 Amy Howe, a Supreme Court analyst at SCOTUSblog, and David Lat, a legal commentator and founder of Original Jurisdiction, dive into the heated debate surrounding the St. Isidore of Seville religious charter school case. They discuss the classification of public versus private schools and the implications for educational policy. The conversation also touches on Justice Barrett's recusal and whether Chief Justice Roberts might become the deciding vote. Additionally, they explore the complexities of birthright citizenship and its potential legal ramifications in current cases.
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Barrett Recusal Shifts Vote Count
- Justice Barrett's recusal creates a unique dynamic where the state only needs four votes to prevail, while the religious school needs five.
- This asymmetry amplifies the importance of Chief Justice Roberts' swing vote in the St. Isidore religious charter school case.
Roberts as Key Swing Vote
- Chief Justice Roberts appears as the pivotal swing vote, questioning the extent of state involvement in the charter school.
- His scrutiny of state requirements on charter schools signals a nuanced stance on whether religious charter schools qualify as public actors.
Fulton Case Influences Debate
- The precedent from Fulton, another case authored by Roberts, significantly influences the court's view on religious organizations in public roles.
- Fulton emphasized that government must act neutrally toward religious beliefs, setting a constitutional standard for this case.