The Supreme Court on Thursday effectively ended a publicly funded Catholic charter school in Oklahoma, dividing 4-4.
The outcome keeps in place an Oklahoma court decision that invalidated a vote by a state charter school board to approve the St. Isidore of Seville Catholic Virtual School, which would have been the nation’s first religious charter school. But it leaves the issue unresolved nationally.
The one-sentence notice from the court provides an unsatisfying end to one of the term’s most closely watched cases.
The Catholic Church in Oklahoma had wanted taxpayers to fund the online charter school “faithful to the teachings of Jesus Christ.” Opponents warned that allowing it would blur the separation between church and state, sap money from public schools and possibly upend the rules governing charter schools in almost every state.
Only eight of the nine justices took part in the case. Justice Amy Coney Barrett didn't explain her absence, but she is good friends and used to teach with Notre Dame law professor Nicole Garnett, who has been an adviser to the school.
The issue could return to the high court in the future, with the prospect that all nine justices could participate.
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