OK Charter School Board v. Drummond, 605 U.S. ___ (2025)
Docket No.
24-394
Granted:
January 24, 2025
Argued:
April 30, 2025
Decided:
May 22, 2025
Opinions
NOTICE: This opinion is subject to
formal revision before publication in the United States Reports.
Readers are requested to notify the Reporter of Decisions, Supreme
Court of the United States, Washington, D. C. 20543,
pio@supremecourt.gov, of any typographical or other formal
errors.
SUPREME COURT OF THE UNITED STATES
_________________
Nos. 24–394 and 24–396
_________________
OKLAHOMA STATEWIDE CHARTER SCHOOL BOARD,
et al., PETITIONERS
24–394v.
GENTNER DRUMMOND, ATTORNEY GENERAL OF
OKLAHOMA, ex rel. OKLAHOMA
ST. ISIDORE OF SEVILLE CATHOLIC VIRTUAL
SCHOOL, PETITIONER
24–396v.
GENTNER DRUMMOND, ATTORNEY GENERAL OF
OKLAHOMA, ex rel. OKLAHOMA
on writs of certiorari to the supreme court of
oklahoma
OK Charter School Board vDrummond
[May 22, 2025]
Per Curiam.
The judgment is affirmed by an equally divided
Court.
Justice Barrett took no part in the
consideration or decision of these cases.
Materials
| Adjudged to be AFFIRMED by an equally divided Court. Justice Barrett took no part in the consideration or decision of these cases. Opinion per curiam. VIDED. |
| Argued. For petitioners in 24-394: James A. Campbell, Lansdowne, Va. For petitioner in 24-396: Michael H. McGinley, Washington, D. C. For United States, as amicus curiae: D. John Sauer, Solicitor General, Department of Justice, Washington, D. C. For respondent: Gregory G. Garre, Washington, D. C. VIDED. |
| Reply of Oklahoma Statewide Charter School Board, et al. submitted. |
| Reply of petitioner St. Isidore of Seville Catholic Virtual School filed. VIDED. (Distributed) |
| Reply of petitioners Oklahoma Statewide Charter School Board, et al. filed. (as to 24-394) (Distributed) |
| Reply of St. Isidore of Seville Catholic Virtual School submitted. |
| Reply of petitioners Oklahoma Statewide Charter School Board, et al. filed. (as to 24-394) (Distributed) |
| Reply of petitioner St. Isidore of Seville Catholic Virtual School filed. VIDED. (Distributed) |
| Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Barrett took no part in the consideration or decision of this motion. VIDED. |
| Motion for divided argument filed by petitioners GRANTED. Justice Barrett took no part in the consideration or decision of this motion. VIDED. |
| Brief amici curiae of Advancement Project, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of Public School Organizations, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of Former Elected and Appointed State, Local and Federal Officials filed. VIDED. (Distributed) |
| Brief amicus curiae of Charter School Growth Fund filed. VIDED. (Distributed) |
| Brief amici curiae of Scholars of the Religion Clauses filed. VIDED. (Distributed) |
| Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. |
| Brief amicus curiae of National Alliance for Public Charter Schools filed. VIDED. (Distributed) |
| Brief amici curiae of Historians and Legal Scholars filed. VIDED. (Distributed) |
| Brief amici curiae of The Association on American Indian Affairs, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of The Baptist Joint Committee for Religious Liberty, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of Association on American Indian Affairs, et al. filed. VIDED. (Distributed) |
| Amicus brief of Public Charter School Organizations submitted. |
| Brief amici curiae of National Parents Union, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of Oklahoma Parent Legislative Advocacy Coalition, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of Constitutional and Education Law Scholars filed. VIDED. (Distributed) |
| Brief amici curiae of Public Charter School Parents, et al. filed. VIDED. (Distributed) |
| Brief amicus curiae of National Association of Charter School Authorizers filed. VIDED. (Distributed) |
| Amicus brief of Historians and Legal Scholars submitted. |
| Motion of United States for leave to participate in oral argument and for divided argument submitted. |
| Amicus brief of National Alliance for Public Charter Schools submitted. |
| Amicus brief of Former Elected and Appointed State, Local and Federal Officials submitted. |
| Amicus brief of Advancement Project, Alliance for Educational Justice, Journey for Justice Alliance, and Genders & Sexualities Alliance Network submitted. |
| Amicus brief of Charter School Growth Fund submitted. |
| Amicus brief of Oklahoma Parent Legislative Advocacy Coalition and Oklahoma Parents, Educators, Clergy, and Taxpayers submitted. |
| Amicus brief of State of Colorado submitted. |
| Amicus brief of Public School Organizations and Advocates submitted. |
| Amicus brief of Public Charter School Organizations submitted. |
| Amicus brief of Scholars of the Religion Clauses submitted. |
| Amicus brief of National Parents Union, Center for Learner Equity, Diverse Charter Schools Coalition, National Charter Collaborative, Educators for Excellence, and Brown's Promise submitted. |
| Amicus brief of The Association on American Indian Affairs, The National Native American Boarding School Healing Coalition, and The National Congress of American Indians submitted. |
| Amicus brief of Charter Schools submitted. |
| Amicus brief of American Atheist, American Humanist Association, Center for Inquiry, Secular Coalition for America, Secular Student Alliance not accepted for filing. (April 09, 2025) |
| Amicus brief of National Association of Charter School Authorizers submitted. |
| Amicus brief of Constitutional and Education Law Scholars submitted. |
| Amicus brief of The Baptist Joint Committee for Religious Liberty; Central Conference of American Rabbis; Cooperating Baptist Fellowship of Oklahoma; Cooperative Baptist Fellowship; Evangelical Lutheran Church in America; General Synod of the United Church of Christ; Interfaith Alliance; The Most Reverend Sean W. Rowe, Presiding Bishop of The Episcopal Church; Muslim Public Affairs Council; National Council of Jewish Women; and Union for Reform Judaism submitted. |
| Amicus brief of Public Charter School Parents, Parent Organizations, and Advocates submitted. |
| Amicus brief of American Atheist, American Humanist Association, Center for Inquiry, Secular Coalition for America, Secular Student Alliance submitted. |
| Brief amici curiae of Oklahoma Parent Legislative Advocacy Coalition, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of Association on American Indian Affairs, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of Constitutional and Education Law Scholars filed. VIDED. (Distributed) |
| Brief amici curiae of Public Charter School Parents, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of Former Elected and Appointed State, Local and Federal Officials filed. VIDED. (Distributed) |
| Brief amici curiae of Public School Organizations, et al. filed. VIDED. (Distributed) |
| Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. |
| Brief amicus curiae of National Alliance for Public Charter Schools filed. VIDED. (Distributed) |
| Brief amici curiae of Historians and Legal Scholars filed. VIDED. (Distributed) |
| Brief amicus curiae of Charter School Growth Fund filed. VIDED. (Distributed) |
| Brief amicus curiae of National Association of Charter School Authorizers filed. VIDED. (Distributed) |
| Brief amici curiae of Advancement Project, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of Charter Schools filed. VIDED. (Distributed) |
| Brief amici curiae of Public Charter School Organizations filed. VIDED. (Distributed) |
| Brief amici curiae of Colorado, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of American Atheist, Inc., et al. filed. VIDED. (Distributed) |
| Brief amici curiae of American Atheist, Inc., et al. filed. VIDED. (Distributed) |
| Amicus brief of American Atheist, Inc., et al. not accepted for filing. (To be corrected and resubmitted - April 9, 2025) |
| Brief amici curiae of National Parents Union, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of Charter Schools filed. VIDED. (Distributed) |
| Brief amici curiae of Public Charter School Organizations filed. VIDED. (Distributed) |
| Brief amici curiae of Colorado, et al. filed. VIDED. (Distributed) |
| Brief amici curiae of Scholars of the Religion Clauses filed. VIDED. (Distributed) |
| Brief of respondent Gentner Drummond filed. VIDED. (Distributed) |
| Brief of respondent Gentner Drummond filed. VIDED. (Distributed) |
| Brief of Gentner Drummond submitted. |
| Brief amicus curiae of Jon R. Meador filed. VIDED. (Distributed) |
| Brief amicus curiae of Jon R. Meador filed. VIDED. (Distributed) |
| Amicus brief of Jon R. Meador submitted. |
| Record received from the Supreme Court of Oklahoma and available with the Clerk (one box). |
| CIRCULATED |
| Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed. VIDED |
| Brief amicus curiae of The Rutherford Institute filed. VIDED. (Distributed) |
| Brief amici curiae of EdChoice, Inc., et al. filed. VIDED. |
| Brief amicus curiae of Foundation for Moral Law filed. VIDED. |
| Brief amici curiae of Great Hearts Academies, et al. filed. VIDED. |
| Amicus brief of Union of Orthodox Jewish Congregations of America submitted. |
| Brief amici curiae of Ryan Walters, et al. filed. VIDED. |
| Brief amicus curiae of Covenant Journey Academy filed. (as to 24- 394) VIDED. |
| Brief amici curiae of Former Oklahoma Attorney General John M. O'Connor, et al. filed. VIDED. |
| Brief amici curiae of Governor Francis Keating II, et al. filed. VIDED. |
| Brief amici curiae of Christian Legal Society, et al. filed. VIDED. |
| Brief amicus curiae of The Rutherford Institute filed. VIDED. (Distributed) |
| Brief amici curiae of Senator James Lankford, et al. filed. VIDED. |
| Amicus brief of Professor Charles L. Glenn submitted. |
| Brief amici curiae of General Council of the Assemblies of God, et al. filed. VIDED. |
| Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed. VIDED |
| Brief amici curiae of Christian Legal Society, et al. filed. VIDED. |
| Brief amici curiae of Ryan Walters, et al. filed. VIDED. |
| Brief amici curiae of Senator James Lankford, et al. filed. VIDED. |
| Brief amicus curiae of Professor Charles L. Glenn filed. VIDED. |
| Brief amici curiae of American Center for Law and Justice, et al. filed. VIDED |
| Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed. VIDED. |
| Amicus brief of Lepanto Institute submitted. |
| Brief amici curiae of Classical Charter Schools of America, Inc., et al. filed. VIDED. |
| Brief amici curiae of EdChoice, Inc., et al. filed. VIDED. |
| Brief amici curiae of Former Oklahoma Attorney General John M. O'Connor, et al. filed. VIDED. |
| Brief amicus curiae of Union of Orthodox Jewish Congregations of America filed. VIDED. |
| Brief amici curiae of General Council of the Assemblies of God, et al. filed. VIDED. |
| Brief amici curiae of South Carolina, et al. filed. VIDED. |
| Brief amicus curiae of Oklahoma Governor J. Kevin Stitt filed. VIDED. |
| Brief amici curiae of State of South Carolina, et al. filed. VIDED. |
| Brief amicus curiae of Covenant Journey Academy filed. (as to 24- 394) VIDED. |
| Brief amici curiae of Governor Francis Keating II, et al. filed. VIDED. |
| Brief amici curiae of General Council of the Assemblies of God,et al. filed. VIDED. |
| Brief amicus curiae of Hon. Peter Deutsch filed. VIDED. |
| Brief amicus curiae of Professor Charles L. Glenn filed. VIDED. |
| Amicus brief of Ryan Walters, et al. submitted. |
| Brief amicus curiae of United States filed. VIDED. |
| Amicus brief of United States submitted. |
| Amicus brief of Classical Charter Schools of America, Inc., Pinnacle Classical Academy, and North Carolina Coalition for Charter Schools submitted. |
| Amicus brief of Lepanto Institute submitted. |
| Amicus brief of The Rutherford Institute submitted. |
| Brief amicus curiae of Oklahoma Governor J. Kevin Stitt filed. VIDED. |
| Brief amici curiae of South Carolina, et al. filed. VIDED. |
| Brief amicus curiae of Hon. Peter Deutsch filed. VIDED. |
| Amicus brief of State of South Carolina submitted. |
| Amicus brief of EdChoice, Inc. submitted. |
| Amicus brief of The Jewish Coalition for Religious Liberty, Abraham Knowledge Academy and the Religious Freedom Institute submitted. |
| Amicus brief of Former Oklahoma Attorneys General John M. O'Connor & E. Scott Pruitt submitted. |
| Amicus brief of The Rutherford Institute submitted. |
| Amicus brief of Foundation for Moral Law submitted. |
| Amicus brief of U.S. Senators James Lankford, Josh Hawley, Kevin Cramer, Ted Budd, and Ted Cruz submitted. |
| Amicus brief of Christian Legal Society et al. submitted. |
| Amicus brief of General Council of the Assemblies of God, the Coalition for Jewish Values, and the Religious Freedom Institute submitted. |
| Amicus brief of Great Hearts Academies, et al submitted. |
| Amicus brief of Oklahoma Governor J. Kevin Stitt submitted. |
| Brief amicus curiae of Union of Orthodox Jewish Congregations of America filed. VIDED. |
| Brief amicus curiae of United States filed. VIDED. |
| Amicus brief of Governor Francis Keating II and Professor William Jeynes submitted. |
| Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed. VIDED. |
| Brief amicus curiae of Foundation for Moral Law filed. VIDED. |
| Brief amici curiae of American Center for Law and Justice, et al. filed. VIDED |
| Amicus brief of Hon. Peter Deutsch submitted. |
| Amicus brief of Covenant Journey Academy submitted. |
| Amicus brief of Wisconsin Institute for Law & Liberty, Inc. submitted. |
| Amicus brief of The Rutherford Institute submitted. |
| Brief amici curiae of Great Hearts Academies, et al. filed. VIDED. |
| Amicus brief of Lepanto Institute submitted. |
| Amicus brief of The Rutherford Institute submitted. |
| Brief amici curiae of Classical Charter Schools of America, Inc., et al. filed. VIDED. |
| Amicus brief of American Center for Law and Justice submitted. |
| Amicus brief of United States Conference of Catholic Bishops submitted. |
| Motion of St. Isidore of Seville Catholic Virtual School for divided argument submitted. |
| Brief amicus curiae of National Religious Broadcasters filed. VIDED. |
| Amicus brief of The Wolff Family submitted. |
| Amicus brief of World Faith Foundation and NC Values Institute submitted. |
| Amicus brief of Manhattan Institute submitted. |
| Amicus brief of National Religious Broadcasters submitted. |
| Brief amicus curiae of Manhattan Institute filed. VIDED. |
| Brief amicus curiae of United States Conference of Catholic Bishops filed. VIDED |
| Brief amici curiae of World Faith Foundation, et al. filed. VIDED. |
| Brief amicus curiae of Manhattan Institute filed. VIDED. |
| Brief amicus curiae of the Wolff Family filed. VIDED. |
| Brief amicus curiae of National Religious Broadcasters filed. VIDED. |
| Brief amicus curiae of United States Conference of Catholic Bishops filed. VIDED |
| Motion for divided argument filed by petitioners. VIDED. |
| Motion for divided argument filed by petitioners. VIDED. |
| Brief amicus curiae of the Wolff Family filed. VIDED. |
| Brief amici curiae of World Faith Foundation, et al. filed. VIDED. |
| Brief of petitioners Oklahoma Statewide Charter School Board, et al. filed (as to 24-394). (Distributed) |
| Joint appendix filed (2 volumes). VIDED. (Statement of costs filed) |
| Brief of petitioner St. Isidore of Seville Catholic Virtual School filed. VIDED. |
| Joint appendix filed (2 volumes). VIDED. (Statement of costs filed) |
| Brief of St. Isidore of Seville Catholic Virtual School submitted. |
| Brief of petitioners Oklahoma Statewide Charter School Board, et al. filed (as to 24-394). (Distributed) |
| Joint Appendix submitted. |
| Brief of Oklahoma Statewide Charter School Board, et al. submitted. |
| Joint appendix filed. VIDED. (Statement of costs filed) |
| Brief of petitioner St. Isidore of Seville Catholic Virtual School filed. VIDED. |
| Brief amicus curiae of Professor S. Ernie Walton filed. VIDED. |
| Brief amicus curiae of Professor S. Ernie Walton filed. VIDED. |
| Amicus brief of Professor S. Ernie Walton submitted. |
| Record requested from the Supreme Court of Oklahoma. |
| SET FOR ARGUMENT on Wednesday, April 30, 2025. VIDED. |
| Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 24-394. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-394. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Petition GRANTED. The petition for a writ of certiorari in No. 24-396 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Petitioners' briefs on the merits are to be filed on or before Wednesday, March 5, 2025. Respondent's brief on the merits is to be filed on or before Monday, March 31, 2025. The reply briefs are to be received by the Clerk and served upon opposing counsel on or before 2 p.m., Monday, April 21, 2025. VIDED. Justice Barrett took no part in the consideration or decision of this petition. |
| DISTRIBUTED for Conference of 1/24/2025. |
| DISTRIBUTED for Conference of 1/17/2025. |
| DISTRIBUTED for Conference of 1/10/2025. |
| Reply of petitioners Oklahoma Statewide Charter School Board, et al. filed. (Distributed) |
| Reply of petitioners Oklahoma Statewide Charter School Board, et al. filed. (Distributed) |
| Brief of respondent Gentner Drummond in opposition filed. |
| Brief amicus curiae of National Alliance for Public Charter Schools filed. VIDED. |
| Brief amicus curiae of National Alliance for Public Charter Schools filed. VIDED. |
| Brief of respondent Gentner Drummond in opposition filed. |
| Brief amici curiae of General Council of the Assemblies of God, et al. filed. VIDED. |
| Brief amici curiae of Classical Charter Schools of America, Inc., et al. filed. |
| Brief amici curiae of the Jewish Coalition for Religious Liberty, et al. filed. VIDED. |
| Brief amici curiae of Former Oklahoma Attorneys General John M. O'Connor & E. Scott Pruitt filed.VIDED. |
| Brief amici curiae of Classical Charter Schools of America, Inc., et al. filed. |
| Brief amicus curiae of Oklahoma Governor J. Kevin Stitt filed. |
| Brief amici curiae of Former Oklahoma Attorneys General John M. O'Connor & E. Scott Pruitt filed.VIDED. |
| Brief amici curiae of General Council of the Assemblies of God, et al. filed. VIDED. |
| Brief amici curiae of South Carolina, et al. filed. VIDED. |
| Brief amici curiae of Ryan Walters in His Official Capacity as Superintendent of Public Instruction for Oklahoma, et al. filed. VIDED. |
| Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED. |
| Brief amici curiae of the Jewish Coalition for Religious Liberty, et al. filed. VIDED. |
| Brief amicus curiae of Oklahoma Governor J. Kevin Stitt filed. |
| Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED. |
| Brief amici curiae of South Carolina, et al. filed. VIDED. |
| Brief amici curiae of Ryan Walters in His Official Capacity as Superintendent of Public Instruction for Oklahoma, et al. filed. VIDED. |
| Brief amicus curiae of The Buckeye Institute filed. VIDED. |
| Brief amicus curiae of The Buckeye Institute filed. VIDED. |
| Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed. VIDED. |
| Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed. VIDED. |
| Brief amicus curiae of Manhattan Institute filed. VIDED. |
| Brief amicus curiae of Manhattan Institute filed. VIDED. |
| Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2024. |
| Motion to extend the time to file a response from November 8, 2024 to December 9, 2024, submitted to The Clerk. |
| Motion to extend the time to file a response from November 8, 2024 to December 9, 2024, submitted to The Clerk. |
| Petition for a writ of certiorari filed. (Response due November 8, 2024) |
| Petition for a writ of certiorari filed. (Response due November 8, 2024) |
| Application (24A254) granted by Justice Gorsuch extending the time to file until October 7, 2024. |
| Application (24A254) 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. |
| Application (24A254) 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. |
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