Liberal Justice Sonia Sotomayor interrupted and appeared to scold fellow liberal Justice Ketanji Brown Jackson on Wednesday during oral arguments in a case over Oklahoma’s bid to establish an online Catholic charter school, St. Isidore of Seville Catholic Virtual School.
If the Court upholds the school, taxpayer funds would be used for religious education. Justice Amy Coney Barrett recused herself, and a decision is expected this summer. U.S. Solicitor General John Sauer argued the case on behalf of the school and the state of Oklahoma.
“U.S. Solicitor General John Sauer said if there were a requirement to teach evolution and a school rejected it, there would be no opt-out for the school. The state would argue a compelling interest in teaching the subject and the court would have to assess it, he said,” USA Today reported.
Oklahoma Attorney General Gentner Drummond, however, argued against allowing the school to use taxpayer funding.
“This morning the U.S. Supreme Court will take up whether Oklahoma should proceed with what would be the country’s first government-created , taxpayer-funded religious public charter school. I contend this proposal would have grave consequences for religious liberty,” he wrote in an X post.
During the oral arguments, Sotomayor interrupted Justice Jackson when she questioned a lawyer, saying at one point, “Just let him finish,” according to multiple reports.
At one point, Brown Jackson also questioned Sauer over his arguments on behalf of the school.
“Are you saying that the religious charter schools’ use of public funds to support proselytization, which the school says it intends to do, is not an Establishment Clause problem?” she asked. “Like we wouldn’t have to look at where the funding is going, even if the school says yes, we are getting money from the state, and we are turning around and buying Bibles and instructing students.”
St. Isidore and the charter board contend that schools must be created and overseen by the government to qualify as state actors. Gregory Garre, representing the Oklahoma attorney general’s office, responded that charter schools are public schools—and “teaching religion as truth in public schools is not allowed.”
“These schools look like regular public schools,” Justice Elena Kagan added.
In assessing the overall hearing, constitutional law professor Jonathan Turley said on Wednesday the school “had a good day.”
“It’s a fascinating case, not only because it’s divided Republicans in Oklahoma, but Oklahoma was saying they wanted to create a system of private schools offering public education. But when they did that, they said these need to be non-religious schools,” Turley told Fox News anchor Sandra Smith.
“Well, St. Isidore is obviously a religious school. They said ‘Look, we are willing to do everything those schools do. We’re willing to admit people who are not in our faith and to meet these other obligations that you have set out. You should not discriminate against us just because we are religious,’” he added.
“That came to the court today, and the liberal justices were all over the school’s counsel, and they were pressing very hard that perhaps, they really are a state actor. The argument here is that when you become one of these religious charters, you are now basically the government,” Turley said.
“And we can’t have that if you are also a religious organization. Justices pushed back at that, and there are cases that seem to support the school. It is hard always to tell, because some justices are not as forthcoming. But it seemed like a good day for this charter school and for those who want a more even playing field for religious schools in general,” he noted further.
In 2022, the Supreme Court ruled in the case of Carson v. Makin that a program allowing parents in districts without public high schools to use vouchers for private schools unconstitutionally barred the use of those vouchers for religious schools, the Daily Caller reported.