Supreme Court's One-Sentence Order Closes Door to Catholic Charter School, Leaving Future Challenges on the Horizon

Strategic Insights -

In a surprising turn of events, the Supreme Court issued a brief, unsigned order on May 22, 2025, leaving in place a lower court ruling that prevented St. Isidore of Seville from opening as the nation's first religious charter school. The case, which dealt with the interpretation of the First Amendment's religion clauses, was heard by justices in April 2025. Proponents argued that prohibiting local public school boards from contracting with a faith-based organization would be unconstitutional, while critics warned that a faith-based charter would be an unconstitutional breach of the establishment clause.

Key Takeaways:

  • The Supreme Court's 4-4 order leaves in place a lower court judgment that prevented St. Isidore's from opening, but did not explain why.
  • The justices issued a "per curiam" opinion, which means "by the court," and is unsigned, without any dissents.
  • Justice Amy Coney Barrett recused herself from the case, without offering a reason.
  • The outcome was a close call, with justices Alito and Thomas appearing to find St. Isidore's argument persuasive, while Justices Kagan, Sotomayor, and Jackson seemed skeptical.
  • Chief Justice John Roberts' comment during oral arguments left the door open to speculation over how he might vote.
  • The movement to allow more government funding toward religious education continues, with indirect forms of funding like vouchers and tax credits gaining more success.
  • At least 17 states have already adopted universal school choice laws, allowing families to receive funding for private religious schools.
  • The Texas governor signed the nation's largest school voucher program law into effect in May 2025, setting aside $1 billion in funding for the 2026-2027 academic year.
  • A federal bill promoting vouchers for non-public schools was introduced in the House of Representatives in May 2025.

Statistics:

  • 4-4: The Supreme Court's decision that left in place the lower court ruling.
  • 17: The number of states that have adopted universal school choice laws, allowing funding for private religious schools.
  • $1 billion: The amount of funding set aside in Texas for the 2026-2027 academic year under the school voucher program law.
  • $10,500: The amount of funding parents can receive under the Texas school voucher program for accredited non-public schools, including faith-based ones.
  • $30,000: The amount of funding parents of children with disabilities can receive under the Texas school voucher program.

Sources:

  • The Conversation U.S. article "Supreme Court's one-sentence order closes the door to Catholic charter school -- but leaves it open for future challenges" by Charles J. Russo.
  • The Conversation U.S. article "What the Supreme Court's decision on St. Isidore Catholic charter school means for the future of education" by Charles J. Russo.
  • Supreme Court's one-sentence order closing the door to Catholic charter school.
  • Texas governor's school voucher program law.
  • Federal bill promoting vouchers for non-public schools.