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Oklahoma Statewide Charter School Board v. Drummond

Docket No.24-394
Op. BelowOkla.
ArgumentApr 30, 2025

Holding

Judgment affirmed by an equally divided court.

Judgment

Affirmed, 4-4 on May 22, 2025.

Proceedings & orders timeline

Sep 9, 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.
Sep 13, 2024
Application (24A254) granted by Justice Gorsuch extending the time to file until October 7, 2024.
Oct 7, 2024
Petition for a writ of certiorari filed. (Response due November 8, 2024)
Oct 29, 2024
Motion to extend the time to file a response from November 8, 2024 to December 9, 2024, submitted to The Clerk.
Oct 30, 2024
Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2024.
Oct 31, 2024
Brief amicus curiae of Manhattan Institute filed. VIDED.
Nov 5, 2024
Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed. VIDED.
Nov 7, 2024
Brief amicus curiae of The Buckeye Institute filed. VIDED.
Nov 8, 2024
Brief amici curiae of Former Oklahoma Attorneys General John M. O'Connor & E. Scott Pruitt filed.VIDED.
Nov 8, 2024
Brief amici curiae of General Council of the Assemblies of God, et al. filed. VIDED.
Nov 8, 2024
Brief amici curiae of South Carolina, et al. filed. VIDED.
Nov 8, 2024
Brief amici curiae of Ryan Walters in His Official Capacity as Superintendent of Public Instruction for Oklahoma, et al. filed. VIDED.
Nov 8, 2024
Brief amicus curiae of Oklahoma Governor J. Kevin Stitt filed.
Nov 8, 2024
Brief amici curiae of Classical Charter Schools of America, Inc., et al. filed.
Nov 8, 2024
Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Nov 8, 2024
Brief amici curiae of the Jewish Coalition for Religious Liberty, et al. filed. VIDED.
Dec 9, 2024
Brief amicus curiae of National Alliance for Public Charter Schools filed. VIDED.
Dec 9, 2024
Brief of respondent Gentner Drummond in opposition filed.
Dec 23, 2024
Reply of petitioners Oklahoma Statewide Charter School Board, et al. filed. (Distributed)
Dec 24, 2024
DISTRIBUTED for Conference of 1/10/2025.
Jan 13, 2025
DISTRIBUTED for Conference of 1/17/2025.
Jan 21, 2025
DISTRIBUTED for Conference of 1/24/2025.
Jan 24, 2025
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.
Jan 24, 2025
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.”
Feb 24, 2025
SET FOR ARGUMENT on Wednesday, April 30, 2025. VIDED.
Mar 3, 2025
Record requested from the Supreme Court of Oklahoma.
Mar 4, 2025
Brief amicus curiae of Professor S. Ernie Walton filed. VIDED.
Mar 5, 2025
Brief of petitioners Oklahoma Statewide Charter School Board, et al. filed (as to 24-394). (Distributed)
Mar 5, 2025
Brief of petitioner St. Isidore of Seville Catholic Virtual School filed. VIDED.
Mar 5, 2025
Joint appendix filed (2 volumes). VIDED. (Statement of costs filed)
Mar 11, 2025
Brief amicus curiae of National Religious Broadcasters filed. VIDED.
Mar 11, 2025
Brief amicus curiae of United States Conference of Catholic Bishops filed. VIDED
Mar 11, 2025
Brief amicus curiae of the Wolff Family filed. VIDED.
Mar 11, 2025
Brief amicus curiae of Manhattan Institute filed. VIDED.
Mar 11, 2025
Brief amici curiae of World Faith Foundation, et al. filed. VIDED.
Mar 11, 2025
Motion for divided argument filed by petitioners. VIDED.
Mar 12, 2025
Brief amicus curiae of United States filed. VIDED.
Mar 12, 2025
Brief amici curiae of American Center for Law and Justice, et al. filed. VIDED
Mar 12, 2025
Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed. VIDED.
Mar 12, 2025
Brief amici curiae of Classical Charter Schools of America, Inc., et al. filed. VIDED.
Mar 12, 2025
Brief amicus curiae of Professor Charles L. Glenn filed. VIDED.
Mar 12, 2025
Brief amici curiae of Senator James Lankford, et al. filed. VIDED.
Mar 12, 2025
Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed. VIDED
Mar 12, 2025
Brief amici curiae of Christian Legal Society, et al. filed. VIDED.
Mar 12, 2025
Brief amici curiae of Ryan Walters, et al. filed. VIDED.
Mar 12, 2025
Brief amici curiae of EdChoice, Inc., et al. filed. VIDED.
Mar 12, 2025
Brief amici curiae of Former Oklahoma Attorney General John M. O'Connor, et al. filed. VIDED.
Mar 12, 2025
Brief amicus curiae of Covenant Journey Academy filed. (as to 24- 394) VIDED.
Mar 12, 2025
Brief amici curiae of Governor Francis Keating II, et al. filed. VIDED.
Mar 12, 2025
Brief amici curiae of General Council of the Assemblies of God, et al. filed. VIDED.
Mar 12, 2025
Brief amicus curiae of Hon. Peter Deutsch filed. VIDED.
Mar 12, 2025
Brief amici curiae of South Carolina, et al. filed. VIDED.
Mar 12, 2025
Brief amicus curiae of Oklahoma Governor J. Kevin Stitt filed. VIDED.
Mar 12, 2025
Brief amicus curiae of Union of Orthodox Jewish Congregations of America filed. VIDED.
Mar 12, 2025
Brief amicus curiae of Foundation for Moral Law filed. VIDED.
Mar 12, 2025
Brief amici curiae of Great Hearts Academies, et al. filed. VIDED.
Mar 12, 2025
Brief amicus curiae of The Rutherford Institute filed. VIDED. (Distributed)
Mar 12, 2025
Amicus brief of Lepanto Institute submitted.
Mar 19, 2025
Record received from the Supreme Court of Oklahoma and available with the Clerk (one box).
Mar 19, 2025
CIRCULATED
Mar 21, 2025
Brief amicus curiae of Jon R. Meador filed. VIDED. (Distributed)
Mar 31, 2025
Brief of respondent Gentner Drummond filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of Oklahoma Parent Legislative Advocacy Coalition, et al. filed. VIDED. (Distributed)
Apr 7, 2025
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Apr 7, 2025
Brief amicus curiae of National Alliance for Public Charter Schools filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of Historians and Legal Scholars filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of Scholars of the Religion Clauses filed. VIDED. (Distributed)
Apr 7, 2025
Brief amicus curiae of Charter School Growth Fund filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of Public School Organizations, et al. filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of Former Elected and Appointed State, Local and Federal Officials filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of Association on American Indian Affairs, et al. filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of Constitutional and Education Law Scholars filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of Public Charter School Parents, et al. filed. VIDED. (Distributed)
Apr 7, 2025
Brief amicus curiae of National Association of Charter School Authorizers filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of Advancement Project, et al. filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of National Parents Union, et al. filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of Charter Schools filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of Public Charter School Organizations filed. VIDED. (Distributed)
Apr 7, 2025
Brief amici curiae of Colorado, et al. filed. VIDED. (Distributed)
Apr 7, 2025
Amicus brief of American Atheist, Inc., et al. not accepted for filing. (To be corrected and resubmitted - April 9, 2025)
Apr 7, 2025
Brief amici curiae of American Atheist, Inc., et al. filed. VIDED. (Distributed)
Apr 17, 2025
Motion for divided argument filed by petitioners GRANTED. Justice Barrett took no part in the consideration or decision of this motion. VIDED.
Apr 17, 2025
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.
Apr 21, 2025
Reply of petitioner St. Isidore of Seville Catholic Virtual School filed. VIDED. (Distributed)
Apr 21, 2025
Reply of petitioners Oklahoma Statewide Charter School Board, et al. filed. (as to 24-394) (Distributed)
Apr 30, 2025
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.
May 22, 2025
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.
Jun 23, 2025
Judgment and Mandate Issued.
Aug 5, 2025
Record returned to the Supreme Court of Oklahoma.

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