OK Charter School Board v. Drummond

P R E L I M I N A R Y P R I N T
Volume 605 U. S. Part 1
Pages 165–167
OFFICIAL REPORTS
OF
T H E S U P R E M E C O U R T
May 22, 2025
REBECCA A. WOMELDORF
reporter of decisions
N O T I C E : This preliminary print is subject to formal revision before
the bound volume is published. Users are requested to notify the Reporter
of Decisions, Supreme Court of the United States, Washington, D. C. 20543,
pio@supremecourt.gov, of any typographical or other formal errors.

OCTOBER
TERM, 2024
165
Syllabus
OKLAHOMA STATEWIDE CHARTER SCHOOL BOARD
et
al. v. DRUMMOND, ATTORNEY GENERAL OF
OKLAHOMA, ex rel. OKLAHOMA
certiorari to the supreme court of oklahoma
No. 24–394. Argued April 30, 2025—Decided May 22, 2025*
2024 OK 53, 558 P. 3d 1, affrmed by an equally divided Court.
James A. Campbell argued the cause for petitioners in No.
24–394. With him on the brief were Kristen K. Waggoner,
Christopher P. Schandevel, Philip A. Sechler, Mark A. Lip-
pelmann, John J. Bursch, Erin M. Hawley, Caroline C.
Lindsay, Andrea R. Dill, and Cheryl Plaxico.
Michael H. McGinley argued the cause for petitioner in
No. 24–396. With him on the briefs fled in both cases were
Steven A. Engel, Brian A. Kulp, John A. Meiser, Meredith
H. Kessler, and Michael R. Perri.
Solicitor General Sauer argued the cause for the United
States as amicus curiae supporting petitioners. On the
brief fled in both cases were Acting Solicitor General Har-
ris, Deputy Assistant Attorney General McArthur, Yaira
Dubin, Michael S. Raab, Lowell V. Sturgill, Jr., and Sean
R. Janda.
Gregory G. Garre argued the cause for respondent in both
cases. With him on the brief fled in both cases were Gent-
ner F. Drummond, Attorney General of Oklahoma, Garry
M. Gaskins II, Solicitor General, Bradley S. Clark, Jordan
R. Goldberg, and Christine C. Smith.†
*Together with No. 24–396, St. Isidore of Seville Catholic Virtual
School v. Drummond ex rel. Oklahoma, also on certiorari to the same
court.
†Briefs of amici curiae urging reversal in both cases were fled for the
American Center for Law and Justice et al. by Jay Alan Sekulow, Benja-
min P. Sisney, Jordan A. Sekulow, Stuart J. Roth, and Andrew J. Ekono-
mou; for the Christian Legal Society et al. by Eric W. Treene, Steven T.
McFarland, and Laura Nammo; for Classical Charter Schools of America,

166 OK
CHARTER SCHOOL BOARD v. DRUMMOND
Per Curiam
Per Curiam.
The
judgment is affrmed by an equally divided Court.
Justice Barrett took no part in the consideration or de-
cision of these cases.
Inc., et al. by Aaron M. Streett, J. Mark Little, and Travis L. Gray; for
the Covenant Journey Academy by Mathew D. Staver, Anita L. Staver,
and Horatio G. Mihet; for EdChoice et al. by Thomas M. Fisher, Bryan
G. Cleveland, Cynthia Fleming Crawford, and Lawrence S. Ebner; for the
General Council of the Assemblies of God et al. by Noel J. Francisco and
Eric C. Rassbach; for Great Hearts Academies et al. by Denise M. Harle,
Nicholas J. P. Meros, and Kassandra S. Reardon; for the Jewish Coalition
for Religious Liberty et al. by Jacob Huebert and Howard Slugh; for the
Lepanto Institute by Gerard V. Bradley; for the Manhattan Institute by
Ilya Shapiro; for National Religious Broadcasters by Michael P. Farris;
for The Rutherford Institute by Jason P. Gosselin and John W. Whitehead;
for the Union of Orthodox Jewish Congregations of America by Lori H.
Windham, Adèle A. Keim, Benjamin A. Fleshman, Andrea R. Butler, and
Nathan J. Diament; for the United States Conference of Catholic Bishops
by Benjamin M. Flowers; for the Wisconsin Institute for Law & Liberty,
Inc., by Richard M. Esenberg and Luke Berg; for the World Faith Founda-
tion et al. by James L. Hirsen, Tami Fitzgerald, and Deborah J. Dewart;
for Peter Deutsch by Gordon D. Todd and Nicholas R. Reaves; for Charles
L. Glenn by Eric N. Kniffn; for Francis Keating II et al. by Miles E.
Coleman and Randall L. Wenger; for Sen. James Lankford et al. by Mark
I. Pinkert, Jason Torchinsky, and Edward M. Wenger; for John M. O'Con-
nor et al. by Thomas R. McCarthy and Tiffany H. Bates; for Gov. J. Kevin
Stitt by Jonathan R. Whitehead; for Ryan Walters et al. by Allyson N.
Ho, Elizabeth A. Kiernan, Kelly J. Shackel ford, Jeffrey C. Mateer, Hiram
S. Sasser III, David J. Hacker, Anthony J. Ferate, and Andrew W. Lester;
for S. Ernie Walton by Christopher T. Holinger; and for the Wolff Family
by Will K. Wright.
Briefs of amici curiae urging affrmance in both cases were fled for the
Advancement Project et al. by Carmen Daugherty; for American Atheists,
Inc., by Geoffrey T. Blackwell; for the Baptist Joint Committee for Reli-
gious Liberty et al. by David M. Gossett, Thaila K. Sundaresan, K. Hol-
lyn Hollman, and Heather E. Kimmel; for the Charter School Growth
Fund by Jonathan Y. Ellis and H. Brent McKnight, Jr.; for Charter
Schools by Christopher A. Brook; for Constitutional and Education Law
Scholars by Stephan J. Schlegelmilch; for Historians and Legal Scholars

Cite
as: 605 U. S. 165 (2025)
167
Per Curiam
by Charles A. Rothfeld, Steven K. Green, and Eugene R. Fidell; for the
National Alliance for Public Charter Schools by Pratik A. Shah and Kris-
ten E. Loveland; for the National Association of Charter School Authoriz-
ers by Lisa Scruggs; for the National Parents Union et al. by Seth P. Wax-
m an and James S. L i ebm an; for the Oklahoma Parent Leg islative
Advocacy Coalition et al. by Alex J. Luchenitser, Robert Kim, Jessica
Levin, Daniel Mach, Heather L. Weaver, Cecillia D. Wang, Louise Mell-
ing, Patrick Elliott, Benjamin H. Odom, John H. Sparks, Michael W.
Ridgeway, and J. Douglas Mann; for Public Charter School Organizations
by Paul E. Salamanca; for Public Charter School Parents et al. by Dallas
F. Kratzer III and Shaina Richardson; for Public School Organizations
and Advocates by Daniel A. Rubens, Alyssa Barnard-Yanni, Melanie R.
Hallums, and Thomas M. Bondy; and for Scholars of the Religion Clauses
by Donald B. Verrilli, Jr., and Martin S. Lederman.
Briefs of amici curiae were fled in both cases for the State of Colorado
et al. by Philip J. Weiser, Attorney General of Colorado, Shannon Steven-
son, Solicitor General, Russell D. Johnson, Deputy Solicitor General, Joe
Peters, Senior Assistant Attorney General, and Abby Chestnut and Dayna
Zolle Hauser, Assistant Solicitors General, and by the Attorneys General
for their respective jurisdictions as follows: Kris Mayes of Arizona, Rob
Bonta of California, William Tong of Connecticut, Kathleen Jennings of
Delaware, Brian L. Schwalb of the District of Columbia, Kwame Raoul
of Illinois, Aaron M. Frey of Maine, Anthony G. Brown of Maryland, An-
drea Joy Campbell of Massachusetts, Keith Ellison of Minnesota, Aaron
D. Ford of Nevada, Matthew J. Platkin of New Jersey, Raúl Torrez of
New Mexico, Letitia A. James of New York, Dan Rayfeld of Oregon,
Peter F. Neronha of Rhode Island, and Nicholas W. Brown of Washington
State; for the State of South Carolina et al. by Alan Wilson, Attorney
General of South Carolina, Robert D. Cook, Solicitor General, and Joseph
D. Spate, Assistant Deputy Solicitor General, and by the Attorneys Gen-
eral for their respective States as follows: Steve Marshall of Alabama, Tim
Griffn of Arkansas, James Uthmeier of Florida, Christopher M. Carr of
Georgia, Kris Kobach of Kansas, Liz Murrill of Louisiana, Andrew Bailey
of Missouri, Austin Knudsen of Montana, Michael T. Hilgers of Nebraska,
Dave Yost of Ohio, and Ken Paxton of Texas; for the Association on Ameri-
can Indian Affairs et al. by John E. Echohawk, Melody L. McCoy, and
Morgan E. Saunders; for Former Elected and Appointed State Offcials
et al. by Joshua Tropper; for the Foundation for Moral Law by Roy S.
Moore and Jeffrey Tuomala; and for Jon R. Meador, pro se.

Reporter’s Note
The attached opinion has been revised to refect the usual publication
and citation style of the United States Reports. The revised pagination
makes available the offcial United States Reports citation in advance of
publication. The syllabus has been prepared by the Reporter of Decisions
for the convenience of the reader and constitutes no part of the opinion of
the Court. A list of counsel who argued or fled briefs in this case, and
who were members of the bar of this Court at the time this case was
argued, has been inserted following the syllabus. Other revisions may
include adjustments to formatting, captions, citation form, and any errant
punctuation. The following additional edits were made:
None