Coney Barrett's Recusal Affects Charter School Case

The fate of the first taxpayer-funded religious charter school in the US may rest with Chief Justice John Roberts after the Supreme Court heard arguments Wednesday in a closely watched case out of Oklahoma, reports SCOTUSblog.

• The justices appeared split along ideological lines over whether St. Isidore of Seville Catholic Virtual School can receive public funding, with Roberts showing no clear hand and Justice Amy Coney Barrett recusing herself, reports the AP.
• The other four conservative justices indicated support for the school, which plans to teach Catholic doctrine as part of its mission, arguing the state should not "treat [them] worse because [they're] religious," in the words of Justice Brett Kavanaugh. The three liberal justices, on the other hand, said allowing a religious school would blur the separation of church and state.

• If Roberts sides with the liberals, the resulting 4-4 split would leave an Oklahoma Supreme Court ruling against the school in place. If he joins conservatives, the court could extend a line of recent decisions allowing public money to flow to religious entities, potentially opening the door for other religious charter schools around the country.
• Backers say the school's exclusion would amount to religious discrimination. Opponents warn it could drain resources from public schools and force states to reconsider how charter schools operate. The case comes alongside other state efforts to increase religion's role in public education, including regulations involving the Bible and the Ten Commandments in classrooms.
• A ruling is expected later this year.
• Coney Barrett did not explain her recusal, but USA Today notes she is friends with Notre Dame Law School professor Nicole Garnett, described as a legal adviser to the Catholic Church in Oklahoma.