The attorney representing #Oklahoma’s top #law enforcement officer told #SCOTUS that backing the #Catholic #CharterSchool would upend the traditional definition of #PublicSchools.

“It would result in the astounding rule that states not only may, but must fund & create public #religious #schools,” said attorney Gregory Garre, calling such a notion “an astounding reversal from this court’s time-honored precedents.”

#law #Constitution #ChurchAndState #NewApostolicReformation #education

Garre, representing #Oklahoma AG Gentner Drummond (R), told the justices that #CharterSchools have all the hallmarks of #PublicSchools in that they are free, open to all, funded by #taxpayers & #nonsectarian. The OK #Constitution, he said, prohibits teaching #religion as #truth in public schools.

He warned that a ruling in favor of the #Catholic school would “render unconstitutional the federal charter school program” that he said has been a success story in public #education.

#law #SCOTUS

Justice Neil #Gorsuch suggested that a decision in favor of St. Isidore may not be as sweeping as some think because states could bring #CharterSchools more directly under govt control to avoid allowing #religious entities into the program. However, most states rely heavily on #private entities for their charter programs.

Under questioning from Gorsuch, Solicitor General D. John Sauer said states could avoid funding religious charter schools if they wanted to.

#law #SCOTUS #education

“Certainly one way to do it is create them directly by statute & have them controlled by directors who are themselves public officials,” he said. In some states “they’re part of the government.”

“So a holding here may apply in some states & may not apply in others,” #Gorsuch said.

“Exactly right,” Sauer replied. [wrong]

But in most states, most or all of their #CharterSchools are run by #private entities, acc/to Carol Burris, exec dir of the Network for #Public #Education.

#law #SCOTUS #NAR

Burris said that Alaska, Virginia, Kansas & Maryland #CharterSchools are controlled by #SchoolDistricts, & in Massachusetts, the state considers the #school & the governing nonprofit that runs it to be govt entities.

She said other states have a mix of #public & #private actors, but in most states, charter schools are generally privately run.

Burris said her group will push states to require that, if #SCOTUS mandates that #religious orgs be let into the programs.

#law #Constitution #education

Conservative Justices ask how a #religious #CharterSchool differs from a food bank.

At least 3 conservative #SCOTUS members—Chief Justice #JohnRoberts, Justice Brett #Kavanaugh & Justice Neil #Gorsuch —suggested to the lawyer for #Oklahoma’s AG that his position was inconsistent with a key past ruling.

In that case, known as Fulton v. City of Philadelphia, the court said Philadelphia had violated the #Constitution by not extending a foster-care services contract to #Catholic Social Services.

The conservative justices asked why a #religious #CharterSchool was different from a religiously run food bank or adoption agency that receives state government money through contract agreements.

Justice Brett #Kavanaugh signaled his support for St. Isidore’s application, saying that excluding religious #schools from the charter school program “seems like rank discrimination.”

#law #SCOTUS #Constitution #ChurchAndState #NewApostolicReformation #education #FederalistSociety #ActivistCourt

Justice #SamuelAlito asked #Oklahoma atty Gregory Garre if #CharterSchools could be more flexible in their #curriculum & give families more alternatives to choose from in #public #education. Garre said all #PublicSchools, including charters, have to conform to the state’s curriculum requirements.

#law #SCOTUS #Constitution #ChurchAndState #NewApostolicReformation #education #FederalistSociety #ActivistCourt