No. 24-396

St. Isidore of Seville Catholic Virtual School v. Gentner Drummond, Attorney General of Oklahoma, ex rel. Oklahoma

Lower Court: Oklahoma
Docketed: 2024-10-09
Status: Judgment Issued
Type: Paid
Relisted (3) Experienced Counsel
Tags: charter-schools establishment-clause free-exercise-clause pedagogical-choice religious-discrimination state-action
Latest Conference: 2025-01-24 (distributed 3 times)
Related Cases: 24-394 (Vide)
Question Presented (from Petition)

1. Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students.

2. Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the state's charter school program solely because the schools are religious, or whether a state can justify such an exclusion by invoking anti-establishment interests that go further than the Establishment Clause requires.

Question Presented (AI Summary)

Whether a state violates the Free Exercise Clause by excluding privately run religious schools from the state's charter school program solely because the schools are religious

Docket Entries

2025-06-23
Judgment and Mandate Issued.
2025-04-07
2025-03-19
CIRCULATED
2025-03-19
Record received from the Supreme Court of Oklahoma and available with the Clerk (one box).
2025-03-12
Amicus brief of The Jewish Coalition for Religious Liberty, Abraham Knowledge Academy and The Religious Freedom Institute submitted.
2025-03-03
Record requested from the Supreme Court of Oklahoma.
2025-01-21
DISTRIBUTED for Conference of 1/24/2025.
2025-01-13
DISTRIBUTED for Conference of 1/17/2025.
2024-12-24
DISTRIBUTED for Conference of 1/10/2025.
2024-12-23
Reply of petitioner St. Isidore Of Seville Catholic Virtual School filed. (Distributed)
2024-12-23
Reply of St. Isidore Of Seville Catholic Virtual School submitted.
2024-12-09
2024-11-08
Amicus brief of Center for Constitutional Jurisprudence submitted.
2024-11-08
Amicus brief of General Council of the Assemblies of God, the Coalition for Jewish Values, and the Religious Freedom Institute submitted.
2024-11-08
Amicus brief of Ryan Walters in His Official Capacity as Superintendent of Public Instruction for the State of Oklahoma, The Oklahoma Department of Education, and the Oklahoma State Board of Education submitted.
2024-11-08
Amicus brief of State of South Carolina submitted.
2024-11-08
Amicus brief of Former Oklahoma Attorneys General John M. O'Connor & E. Scott Pruitt submitted.
2024-11-07
Amicus brief of The Buckeye Institute submitted.
2024-11-05
Amicus brief of Wisconsin Institute for Law & Liberty, Inc. submitted.
2024-10-30
Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2024.
2024-10-29
Motion to extend the time to file a response from November 8, 2024 to December 9, 2024, submitted to The Clerk.
2024-10-07
Petition for a writ of certiorari filed. (Response due November 8, 2024)
2024-09-19
Application (24A264) granted by Justice Gorsuch extending the time to file until October 7, 2024.
2024-09-11
Application (24A264) to extend the time to file a petition for a writ of certiorari from September 23, 2024 to October 7, 2024, submitted to Justice Gorsuch.

Attorneys

Center for Constitutional Jurisprudence
Anthony Thomas CasoConstitutional Counsel Group, Amicus
Constitutional and Education Law Scholars
Stephan Jacob SchlegelmilchDebevoise & Plimpton LLP , Amicus
Former Oklahoma Attorneys General John M. O'Connor & E. Scott Pruitt
Thomas Ryan McCarthyConsovoy McCarthy PLLC, Amicus
General Council of the Assemblies of God, the Coalition for Jewish Values, and the Religious Freedom Institute
Noel John FranciscoJones Day, Amicus
Gentner Drummond
Garry Michael Gaskins IIOklahoma Office of Attorney General, Respondent
Manhattan Institute
Ilya ShapiroManhattan Institute, Amicus
National Alliance for Public Charter Schools
Randall John YatesCrowe and Dunlevy, P.C., Amicus
Professor Charles L. Glenn
Eric Nieuwenhuis KniffinEthics and Public Policy Center, Amicus
Ryan Walters in His Official Capacity as Superintendent of Public Instruction for the State of Oklahoma, The Oklahoma Department of Education, and the Oklahoma State Board of Education
Anthony Joseph FerateSpencer Fane LLP, Amicus
Andrew William LesterSpencer Fane LLP, Amicus
St. Isidore Of Seville Catholic Virtual School
Michael Hugh McGinleyDechert LLP, Petitioner
State of South Carolina
Joseph David SpateSouth Carolina Attorney General's Office, Amicus
The Buckeye Institute
David Christian TryonThe Buckeye Institute, Amicus
The Jewish Coalition for Religious Liberty, Abraham Knowledge Academy and The Religious Freedom Institute
Jacob H. HuebertLiberty Justice Center, Amicus
Wisconsin Institute for Law & Liberty, Inc.
Richard Michael EsenbergWisconsin Institute for Law & Liberty, Amicus