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OPINION ANALYSIS

Split Supreme Court blocks first religious charter school in Oklahoma

By Amy Howe on May 22 at 12:02 p.m.

An equally divided court on Thursday left in place an Oklahoma Supreme Court decision that blocked a Catholic charter school from becoming the country’s first publicly funded religious charter school. The court ruled 4-4, with Justice Amy Coney Barrett recused from the case, which leaves the lower court’s decision in place. The ruling on Thursday applies in Oklahoma and does not resolve the question of whether religious charter schools are constitutional nationwide.

Statue outside the Supreme Court

The court heard Okla. Statewide Charter School Board v. Drummond in April. (MattCC716 via Flickr)

EMERGENCY DOCKET

Supreme Court allows Trump to remove agency heads without cause for now

By Amy Howe on May 22 at 6:31 pm

The court granted the president’s request to remove board members of two independent federal agencies while they challenge their firings in court. Gwynne Wilcox and Cathy Harris had argued that they could not be fired without cause under federal law. But a court majority on Thursday wrote that the president likely had the power to do so, and the two women should not be reinstated while their cases play out.

OPINION ANALYSIS

Court upholds federal fraud conviction even without economic harm

By Amy Howe on May 22 at 2:05 pm

The Supreme Court upheld the conviction of a Philadelphia man and his painting business, which were convicted of fraud for using a pass-through company to satisfy a diversity provision of their federal contract. The court ruled that a defendant can be convicted of federal fraud even if they did not seek to cause financial harm to the other party. Justice Amy Coney Barrett wrote that the law simply requires someone to “devise” or “intend to devise” a scheme to fraudulently “obtain money or property.”

RELIST WATCH

From police powers to pork: Supreme Court faces broad range of new relists

By John Elwood on May 22 at 3:31 pm

A regular round-up of “relisted” petitions. This week: Six newly relisted petitions tackle California’s pork sales ban, New York’s election deadlines, compassionate release limits, habeas time bars, and warrantless home entries, raising thorny issues of commerce, mootness, judicial discretion, and Fourth Amendment protections.

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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WHAT WE’RE READING

The morning read for Thursday, May 22

By Zachary Shemtob on May 22, 2025

We’re expecting one or more opinions from the court at 10 a.m. EDT. Join us for the live blog, beginning at 9:30 a.m.

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

EMERGENCY DOCKET

Trump asks high court to pause another suit against DOGE 

By Amy Howe on May 21, 2025

This article was updated on May 21 at 2:38 p.m.

The Trump administration came to the Supreme Court on Wednesday morning, once again asking the justices to take action on their emergency docket. U.S. Solicitor General D. John Sauer urged the court to temporarily pause an order by a federal judge in Washington, D.C., that would require the Department of Government Efficiency to provide information in a lawsuit filed under the Freedom of Information Act. Sauer told the justices that requiring DOGE as a “presidential advisory body” to respond to the plaintiffs’ requests, a process known as discovery, “clearly violates the separation of powers” and “will significantly distract” from DOGE’s “mission of identifying and eliminating fraud, waste, and abuse in the federal government.”

Chief Justice John Roberts instructed CREW to file a response to the government’s request by noon on Friday, May 23. 

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WHAT WE’RE READING

The morning read for Wednesday, May 21

By Zachary Shemtob on May 21, 2025

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

Coming up: Tomorrow the court expects to issue one or more opinions from the current term. We’ll be live at 9:30 a.m. EDT that day for the opinions.

EMERGENCY DOCKET

Supreme Court requires clerk to count votes by lawmaker censured for social media post about transgender athlete

By Amy Howe on May 20, 2025

The Supreme Court on Tuesday afternoon required the clerk of the Maine House of Representatives to count votes by a Maine lawmaker who was censured for a social media post about a transgender athlete at a high school track meet in that state. In a brief unsigned order, the justices granted a request filed by Laurel Libby, a Republican who represents a district in the southern part of the state, to clear the way for her to vote while her appeal continues in the lower courts and, if necessary, the Supreme Court. 

Justice Ketanji Brown Jackson dissented from the court’s ruling. In a five-page opinion, she lamented what she characterized as the “watering down of our Court’s standards for granting emergency relief,” calling it “an unfortunate development.” 

Justice Sonia Sotomayor also indicated, without more, that she would have denied Libby’s request. 

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SCOTUS NEWS

Trump defends Vice President Vance’s bid to toss campaign finance law

By Amy Howe on May 20, 2025

The Trump administration notified the Supreme Court on Monday that it will not defend a federal campaign finance law that restricts the amount of money that political parties can spend in coordination with a candidate for office. In a brief responding to a petition for review filed by the NRSC, U.S. Solicitor General D. John Sauer told the court that although the Department of Justice “has a longstanding policy of defending challenged federal statutes,” it has “determined that this is the rare case that warrants an exception to that general approach.” 

The justices are likely to act on the case before their summer recess. If, as seems likely, they grant the NRSC’s petition for review, they could hear argument in the case in the fall, with a decision to follow sometime in 2026. 

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