Docket 24-394
Oklahoma Statewide Charter School Board v. Drummond
DecidedMay 22, 2025
4-4decision
Source: CourtListener.
Court splits 4-4 on whether Oklahoma can block a Catholic virtual charter school
What it does
The Court split 4-4, with Justice Barrett not participating, which means the Oklahoma Supreme Court's ruling stands — but only for this case. A 4-4 tie affirms the lower court's judgment without setting any national legal precedent. The underlying constitutional questions about religious charter schools remain unresolved for the rest of the country.
Who benefits
Oklahoma's Attorney General, who sought to block the school's approval, wins this specific case. Oklahoma state officials who opposed the charter retain their legal position under the lower court's ruling.
Who is affected
St. Isidore of Seville Catholic Virtual School and the Oklahoma Statewide Charter School Board, which sought to operate and approve a publicly funded Catholic charter school, do not receive the approval they sought. Religious organizations in other states seeking to operate publicly funded charter schools remain in legal uncertainty, as no binding national rule was set.
Practical impact
St. Isidore of Seville Catholic Virtual School cannot move forward with its charter in Oklahoma under this ruling. However, because a 4-4 tie sets no binding precedent for any other court or state, the legal question of whether religious organizations may operate publicly funded charter schools remains open and will likely return to the Supreme Court in a future case — potentially with a full nine-Justice bench.
Majority reasoning
There is no majority opinion in this case. The Court divided equally at 4-4, with Justice Barrett recused (meaning she did not participate). Under longstanding Court practice, a tie vote automatically affirms the lower court's decision — here, the Oklahoma Supreme Court's ruling that the Catholic virtual charter school could not be approved. Because there is no majority, no reasoning was written or adopted by the Court, and the one-sentence per curiam order provides no legal analysis or rationale.
Constitutional question
May a state-approved charter school be operated by a Catholic religious organization, or does that arrangement violate the constitutional separation of church and state — and separately, does blocking such a school violate the Constitution's protection of religious exercise?