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Oklahoma Statewide Charter School Board v. Drummond

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
24-394 Okla. Apr 30, 2025 TBD TBD TBD OT 2024

Issue: (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; and (2) whether a state violates the First Amendment's free exercise clause by excluding privately run religious schools from the state"s charter-school program solely because the schools are religious, or instead a state can justify such an exclusion by invoking anti-establishment interests that go further than the First Amendment's establishment clause requires.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
09/09/2024Application (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.
09/13/2024Application (24A254) granted by Justice Gorsuch extending the time to file until October 7, 2024.
10/07/2024Petition for a writ of certiorari filed. (Response due November 8, 2024)
10/29/2024Motion to extend the time to file a response from November 8, 2024 to December 9, 2024, submitted to The Clerk.
10/30/2024Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2024.
10/31/2024Brief amicus curiae of Manhattan Institute filed. VIDED.
11/05/2024Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed. VIDED.
11/07/2024Brief amicus curiae of The Buckeye Institute filed. VIDED.
11/08/2024Brief amici curiae of Former Oklahoma Attorneys General John M. O'Connor & E. Scott Pruitt filed.VIDED.
11/08/2024Brief amici curiae of General Council of the Assemblies of God, et al. filed. VIDED.
11/08/2024Brief amici curiae of South Carolina, et al. filed. VIDED.
11/08/2024Brief amici curiae of Ryan Walters in His Official Capacity as Superintendent of Public Instruction for Oklahoma, et al. filed. VIDED.
11/08/2024Brief amicus curiae of Oklahoma Governor J. Kevin Stitt filed.
11/08/2024Brief amici curiae of Classical Charter Schools of America, Inc., et al. filed.
11/08/2024Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
11/08/2024Brief amici curiae of the Jewish Coalition for Religious Liberty, et al. filed. VIDED.
12/09/2024Brief amicus curiae of National Alliance for Public Charter Schools filed. VIDED.
12/09/2024Brief of respondent Gentner Drummond in opposition filed.
12/23/2024Reply of petitioners Oklahoma Statewide Charter School Board, et al. filed. (Distributed)
12/24/2024DISTRIBUTED for Conference of 1/10/2025.
01/13/2025DISTRIBUTED for Conference of 1/17/2025.
01/21/2025DISTRIBUTED for Conference of 1/24/2025.
01/24/2025Petition 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.
01/24/2025Because 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.”
02/24/2025SET FOR ARGUMENT on Wednesday, April 30, 2025. VIDED.
03/03/2025Record requested from the Supreme Court of Oklahoma.
03/04/2025Brief amicus curiae of Professor S. Ernie Walton filed. VIDED.
03/05/2025Brief of petitioners Oklahoma Statewide Charter School Board, et al. filed (as to 24-394). (Distributed)
03/05/2025Brief of petitioner St. Isidore of Seville Catholic Virtual School filed. VIDED.
03/05/2025Joint appendix filed (2 volumes). VIDED. (Statement of costs filed)
03/11/2025Brief amicus curiae of National Religious Broadcasters filed. VIDED.
03/11/2025Brief amicus curiae of United States Conference of Catholic Bishops filed. VIDED
03/11/2025Brief amicus curiae of the Wolff Family filed. VIDED.
03/11/2025Brief amicus curiae of Manhattan Institute filed. VIDED.
03/11/2025Brief amici curiae of World Faith Foundation, et al. filed. VIDED.
03/11/2025Motion for divided argument filed by petitioners. VIDED.
03/12/2025Brief amicus curiae of United States filed. VIDED.
03/12/2025Brief amici curiae of American Center for Law and Justice, et al. filed. VIDED
03/12/2025Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed. VIDED.
03/12/2025Brief amici curiae of Classical Charter Schools of America, Inc., et al. filed. VIDED.
03/12/2025Brief amicus curiae of Professor Charles L. Glenn filed. VIDED.
03/12/2025Brief amici curiae of Senator James Lankford, et al. filed. VIDED.
03/12/2025Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed. VIDED
03/12/2025Brief amici curiae of Christian Legal Society, et al. filed. VIDED.
03/12/2025Brief amici curiae of Ryan Walters, et al. filed. VIDED.
03/12/2025Brief amici curiae of EdChoice, Inc., et al. filed. VIDED.
03/12/2025Brief amici curiae of Former Oklahoma Attorney General John M. O'Connor, et al. filed. VIDED.
03/12/2025Brief amicus curiae of Covenant Journey Academy filed. (as to 24- 394) VIDED.
03/12/2025Brief amici curiae of Governor Francis Keating II, et al. filed. VIDED.
03/12/2025Brief amici curiae of General Council of the Assemblies of God, et al. filed. VIDED.
03/12/2025Brief amicus curiae of Hon. Peter Deutsch filed. VIDED.
03/12/2025Brief amici curiae of South Carolina, et al. filed. VIDED.
03/12/2025Brief amicus curiae of Oklahoma Governor J. Kevin Stitt filed. VIDED.
03/12/2025Brief amicus curiae of Union of Orthodox Jewish Congregations of America filed. VIDED.
03/12/2025Brief amicus curiae of Foundation for Moral Law filed. VIDED.
03/12/2025Brief amici curiae of Great Hearts Academies, et al. filed. VIDED.
03/12/2025Brief amicus curiae of The Rutherford Institute filed. VIDED. (Distributed)
03/12/2025Amicus brief of Lepanto Institute submitted.
03/19/2025Record received from the Supreme Court of Oklahoma and available with the Clerk (one box).
03/19/2025CIRCULATED
03/21/2025Brief amicus curiae of Jon R. Meador filed. VIDED. (Distributed)
03/31/2025Brief of respondent Gentner Drummond filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of Oklahoma Parent Legislative Advocacy Coalition, et al. filed. VIDED. (Distributed)
04/07/2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
04/07/2025Brief amicus curiae of National Alliance for Public Charter Schools filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of Historians and Legal Scholars filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of Scholars of the Religion Clauses filed. VIDED. (Distributed)
04/07/2025Brief amicus curiae of Charter School Growth Fund filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of Public School Organizations, et al. filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of Former Elected and Appointed State, Local and Federal Officials filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of Association on American Indian Affairs, et al. filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of Constitutional and Education Law Scholars filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of Public Charter School Parents, et al. filed. VIDED. (Distributed)
04/07/2025Brief amicus curiae of National Association of Charter School Authorizers filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of Advancement Project, et al. filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of National Parents Union, et al. filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of Charter Schools filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of Public Charter School Organizations filed. VIDED. (Distributed)
04/07/2025Brief amici curiae of Colorado, et al. filed. VIDED. (Distributed)
04/07/2025Amicus brief of American Atheist, Inc., et al. not accepted for filing. (To be corrected and resubmitted - April 9, 2025)
04/07/2025Brief amici curiae of American Atheist, Inc., et al. filed. VIDED. (Distributed)
04/17/2025Motion for divided argument filed by petitioners GRANTED. Justice Barrett took no part in the consideration or decision of this motion. VIDED.
04/17/2025Motion 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.
04/21/2025Reply of St. Isidore of Seville Catholic Virtual School submitted.
04/21/2025Reply of Oklahoma Statewide Charter School Board, et al. submitted.