Advisory Opinions Dead Man Walking Precedent
13 snips
May 29, 2025 The discussion kicks off with the implications of the Supreme Court ruling on Trump v. Wilcox, focusing on presidential removal powers. Next, the future of religious charter schools takes center stage, assessing how recent decisions might impact funding for these institutions. The speakers then navigate complex issues of free speech in schools, sparked by a controversial T-shirt case, and examine the balance between free expression and harassment in education. Personal anecdotes about bar exam preparation add a humorous touch, highlighting the challenges of studying law.
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Impact of 4-4 Supreme Split
- The Supreme Court issued a 4-4 per curiam decision on the Oklahoma Catholic charter school case due to Justice Barrett's recusal.
- This resulted in affirming the lower court's ruling that the religious charter school violated the Oklahoma Constitution and stopped its establishment.
State Actor Test Pending
- The key legal question in religious charter school cases is whether the school qualifies as a state actor.
- The Supreme Court will likely develop a test defining when charter schools are state actors, which varies by state.
Wilcox Stay Reflects Executive Power
- The Supreme Court stayed a lower court injunction preventing removal of certain board members, applying a standard based on substantial executive power.
- The opinion aligns with the 2020 Seila Law decision limiting removal protections for independent agencies exercising executive powers.