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ARGUMENT ANALYSIS

Supreme Court divided over approving first religious charter school

By Amy Howe on April 30 at 2:39 p.m.

It was unclear at argument on Wednesday whether the Oklahoma charter school board had the votes of five justices it would need to overturn a state supreme court ruling that barred the establishment of an explicitly Catholic charter school in the state. If the court rules for the school board, St. Isidore of Seville will become the first publicly funded religious charter school in the country. But how Chief Justice John Roberts will vote, the key decision in the case, was not obvious by the end of questioning.

The Supreme Court

If the justices rule 4-4, the Oklahoma Supreme Court’s ruling blocking the school would stand. (Amy Lutz via Shutterstock)

ARGUMENT ANALYSIS

Class action question turns into procedural dispute

By Ronald Mann on April 30 at 5:08 p.m.

The court granted review in Laboratory Corp. of America v. Davis to consider whether a federal court can certify a class action for a class that includes plaintiffs who did not suffer any cognizable injury. The great bulk of the argument, though, considered the problem that Labcorp apparently never appealed the order defining a class that might include the uninjured; as a result, that order seems not to be before the justices.

ARGUMENT ANALYSIS

Argument about adequate education for a disabled child gets heated

By Ronald Mann on April 30 at 10:46 a.m.

In A.J.T. v. Osseo Area Schools, the justices considered whether the standard for awarding damages when a school discriminates against a child with a disability is different from the standard for such discrimination in other contexts. Because both parties told the justices that the standard should be the same, it seems quite likely that the court will agree, leaving it to the lower courts to pick the appropriate standard.

ARGUMENT ANALYSIS

Justices appear sympathetic to victims of SWAT raid on the wrong house

at 10:40 a.m.

At oral argument on Tuesday, the justices appeared to sympathize with the victims of a 2017 SWAT raid that targeted the wrong house. Curtina Martin, her son, and her then-partner Hilliard Toi Cliatt were at home when six FBI agents broke into their house, set off flashbang grenades, and then held the couple at gunpoint before realizing they’d gotten the address wrong. Whether the justices will allow the couple’s lawsuit to move forward, however, was unclear.

Advocates in Conversation

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San Francisco City Attorney David Chiu discusses City and County of San Francisco v. EPA, in which the court is considering whether the Environmental Protection Agency violates the Clean Water Act when it imposes generic prohibitions in a permit for a city’s water discharges, without specifying explicit standards for discharges.   
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OPINION ANALYSIS

Court rules for Coast Guard reservist in “national emergency” pay dispute

By Amy Howe | May 1, 2025

The Supreme Court on Wednesday ruled that an air traffic controller who was called up to serve on active duty in the U.S. Coast Guard “during a national emergency” is entitled to have the government pay him the difference between his civilian salary and his military pay, without having to show that his service was connected to a specific emergency. 

By a vote of 5-4, the court rejected the government’s narrower interpretation of the law at issue in the case, which would make it harder for reservists like Coast Guard reservist Nick Feliciano to recover differential pay. The justices splintered in an unusual line-up, with Justice Sonia Sotomayor joining four of her more conservative colleagues – Chief Justice John Roberts and Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett – in the majority. 

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WHAT WE’RE READING

The morning read for Thursday, May 1

By Ellena Erskine | May 1, 2025
WHAT WE’RE READING

The morning read for Wednesday, April 30

By Ellena Erskine | April 30, 2025

The court will issue one or more opinions again this morning at 10 a.m. EDT. Join us for the live blog. The justices will then hear oral argument in a major dispute over attempts to open the nation’s first religious charter school. The court will consider whether a virtual Catholic charter school that would “fully embrace” the Catholic Church’s teachings can be established in Oklahoma.

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Wednesday morning read:

OPINION ANALYSIS

Supreme Court sides with HHS in dispute over calculation of Medicare payments to hospitals

By Amy Howe | April 29, 2025

The Supreme Court on Tuesday ruled for the federal government in its dispute with a group of more than 200 hospitals over the formula used to identify and compensate hospitals that serve a large number of lower-income patients. The vote was 7-2, with Justice Amy Coney Barrett writing for the majority in a case that she described as “highly technical.” 

Justice Ketanji Brown Jackson dissented, joined by Justice Sonia Sotomayor. She warned that the majority’s interpretation of the law at issue “will deprive hospitals serving the neediest among us of critical federal funds that Congress plainly attempted to provide.” 

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WHAT WE’RE READING

The morning read for Tuesday, April 29

By Ellena Erskine | April 29, 2025

We’re expecting one or more opinions from the court this morning at 10 a.m. EDT. Join us for the live blog. The court will then hear oral argument in Martin v. U.S., the case of an Atlanta couple whose home was mistakenly raided by an FBI SWAT team. They now ask the justices to decide whether they can sue the federal government for the error. In Laboratory Corporation of America Holdings v. Davis, the court will consider whether it is appropriate for a federal court to certify a class action for a class that includes plaintiffs who did not suffer any cognizable injury.

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Tuesday morning read:

Coming up: On Wednesday, April 30, the court expects to issue one or more opinions from the current term. Well be live at 9:45 a.m. EDT.