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Oklahoma Statewide Charter School Board v. Drummond

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Consolidated with:

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

Issues: (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)
Sep 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.
Sep 13 2024Application (24A254) granted by Justice Gorsuch extending the time to file until October 7, 2024.
Oct 07 2024Petition for a writ of certiorari filed. (Response due November 8, 2024)
Oct 29 2024Motion to extend the time to file a response from November 8, 2024 to December 9, 2024, submitted to The Clerk.
Oct 30 2024Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2024.
Oct 31 2024Brief amicus curiae of Manhattan Institute filed. VIDED.
Nov 05 2024Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed. VIDED.
Nov 07 2024Brief amicus curiae of The Buckeye Institute filed. VIDED.
Nov 08 2024Brief amici curiae of Former Oklahoma Attorneys General John M. O'Connor & E. Scott Pruitt filed.VIDED.
Nov 08 2024Brief amici curiae of General Council of the Assemblies of God, et al. filed. VIDED.
Nov 08 2024Brief amici curiae of South Carolina, et al. filed. VIDED.
Nov 08 2024Brief amici curiae of Ryan Walters in His Official Capacity as Superintendent of Public Instruction for Oklahoma, et al. filed. VIDED.
Nov 08 2024Brief amicus curiae of Oklahoma Governor J. Kevin Stitt filed.
Nov 08 2024Brief amici curiae of Classical Charter Schools of America, Inc., et al. filed.
Nov 08 2024Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Nov 08 2024Brief amici curiae of the Jewish Coalition for Religious Liberty, et al. filed. VIDED.
Dec 09 2024Brief amicus curiae of National Alliance for Public Charter Schools filed. VIDED.
Dec 09 2024Brief of respondent Gentner Drummond in opposition filed.
Dec 23 2024Reply of petitioners Oklahoma Statewide Charter School Board, et al. filed. (Distributed)
Dec 24 2024DISTRIBUTED for Conference of 1/10/2025.
Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
Jan 21 2025DISTRIBUTED for Conference of 1/24/2025.
Jan 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.
Jan 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.”