#Trump has proposed cutting spending on #CivilRights enforcement in #schools, work-study programs & services for #students from disadvantaged backgrounds. But one corner of the education budget he would boost: #CharterSchools [I wonder if this has something to do w/the #religious charter school case before #SCOTUS right now]. His budget proposal would increase federal support for new charter schools by $60 million, or about 8.3%.

Start of this :

https://masto.ai/@Nonilex/114427947242091075

#JohnRoberts is almost always in the majority in major cases, & he asked probing questions of both sides during the argument. But he also has consistently voted on the side of #religious rights in the court’s cases that have expanded the role of faith in #public life.

#JohnRoberts said programs where #SCOTUS deemed #religious #schools eligible for playground #grants & school #vouchers were also “created & controlled by the state.”

He asked if the relevant test was whether the #school was “a creation & creature of the state? Because all of those were,” he said. “And we held it under the #FirstAmendment, you couldn’t exclude people because of their religious belief.”

#law #Constitution #ChurchAndState #NewApostolicReformation #education #ActivistCourt

Chief Justice #JohnRoberts, a key vote on the court, voiced skepticism that this case was any different from prior situations where #SCOTUS ruled that #religious entities could not be excluded from receiving #public money.

Roberts questioned the opponents’ argument that #CharterSchools are creations of the #state & therefore that the state may bar religious entities from participating.

The conservative justices asked why a #religious #CharterSchool was different from a religiously run food bank or adoption agency that receives state government money through contract agreements.

Justice Brett #Kavanaugh signaled his support for St. Isidore’s application, saying that excluding religious #schools from the charter school program “seems like rank discrimination.”

Conservative Justices ask how a #religious #CharterSchool differs from a food bank.

At least 3 conservative #SCOTUS members—Chief Justice #JohnRoberts, Justice Brett #Kavanaugh & Justice Neil #Gorsuch —suggested to the lawyer for #Oklahoma’s AG that his position was inconsistent with a key past ruling.

In that case, known as Fulton v. City of Philadelphia, the court said Philadelphia had violated the #Constitution by not extending a foster-care services contract to #Catholic Social Services.

Burris said that Alaska, Virginia, Kansas & Maryland #CharterSchools are controlled by #SchoolDistricts, & in Massachusetts, the state considers the #school & the governing nonprofit that runs it to be govt entities.

She said other states have a mix of #public & #private actors, but in most states, charter schools are generally privately run.

Burris said her group will push states to require that, if #SCOTUS mandates that #religious orgs be let into the programs.

Justice Neil #Gorsuch suggested that a decision in favor of St. Isidore may not be as sweeping as some think because states could bring #CharterSchools more directly under govt control to avoid allowing #religious entities into the program. However, most states rely heavily on #private entities for their charter programs.

Under questioning from Gorsuch, Solicitor General D. John Sauer said states could avoid funding religious charter schools if they wanted to.

#law #SCOTUS #education

The attorney representing #Oklahoma’s top #law enforcement officer told #SCOTUS that backing the #Catholic #CharterSchool would upend the traditional definition of #PublicSchools.

“It would result in the astounding rule that states not only may, but must fund & create public #religious #schools,” said attorney Gregory Garre, calling such a notion “an astounding reversal from this court’s time-honored precedents.”

#law #Constitution #ChurchAndState #NewApostolicReformation #education

Justice #ElenaKagan said she saw huge incentives for #religious groups of various faiths to start #CharterSchools if #SCOTUS ruled it was permissible. “There’s a line out the door,” she said, “if you can do this consistent with your religious beliefs.”

That would also disfavor #religions that don’t conform to other state requirements on #curriculum, she said.

Justice #Sotomayor called out #Trump’s Solicitor General D. John Sauer for the federal govt’s change in position on the role of #CharterSchools. In response, Sauer said, “What changed is there’s a new administration.”

A change in admins didn’t used to mean a change the govt’s #legal position.

Sauer said his argument in favor of the #Catholic charter school does not imply that #religious charter schools would be permitted to reject students based on their religions.

A skeptical Justice #KetanjiBrownJackson asked whether #religious groups should be entitled to start #CharterSchools even though #Oklahoma charter #law seeks to establish only #secular #schools.

“As I see it, [St. Isidore] is not being denied a benefit that everyone else gets,” Jackson said. “It’s being denied a benefit that no one else gets, which is the ability to establish a religious #PublicSchool.”

#law #SCOTUS #Constitution #ChurchAndState #NewApostolicReformation #education

Justice #SamuelAlito grilled atty James Campbell on a claim brought by opponents of St. Isidore: that a ruling for the #Catholic #school could force #students into #religious institutions, because the school would be their “only free public option.”

Campbell said #Oklahoma #law forbids an entire #SchoolDistrict from converting to #CharterSchools. If such a situation arose, families could file a separate challenge.

It’s an important point because while #private #Catholic #schools are generally open to #students of all faiths, other religions interested in creating #CharterSchools do consider the #religious backgrounds & practices of applicants.

Justice #Sotomayor sounded highly skeptical of the proposed school, telling its atty that if the #government is “paying religious teachers to teach their religion,” that would seem to violate the #FirstAmendment’s prohibition on govt establishment of religion.
#law