This morning, the U.S. Supreme Court docket issued a one-page judgment within the faith-based charters case. The Court docket break up 4–4. Meaning the state courtroom’s choice stands, and the proposed Oklahoma constitution in query can’t function.
However as a result of SCOTUS was break up, the judgment got here with no vote breakdown and no opinions. We don’t know what occurred. All we’ve got are educated guesses—with an emphasis on the “guesses.”
At this level, I believe three questions are entrance and heart.
The small query is which right-leaning justice sided with the three justices on the left. After all, it’s doable that one thing else occurred, however I can’t create a believable various situation. Primarily based on the oral arguments, I doubt it was Kavanaugh or Alito. Primarily based on earlier opinions I doubt it was Gorsuch or Thomas. However see above about “educated guesses.”
I solely say that this can be a small query as a result of we’ll by no means know for positive, and, regardless of the reply is, it doesn’t matter a lot in the intervening time. This case is closed. It’s now a matter of palace intrigue/Courtology.
The massive query is whether or not an analogous case will return to the Court docket someday quickly. Justice Barrett recused herself right here, presumably due to her relationship with a university-based group concerned on this case. In one other case down the road, she would possibly take part.
Current-history buffs and education-watchers will keep in mind two labor-union circumstances. A couple of decade in the past, conservative observers hoped/believed that Friedrichs v. California Lecturers Affiliation would result in the tip of “company charges.” However Justice Scalia handed away, and the Court docket in the end break up 4–4. However simply two years later, with Justice Gorsuch on the bench, the Court docket dominated 5–4 (in Janus v. AFSCME) that forcing non-consenting public-sector workers to pay company charges violated the First Modification. Will one thing comparable occur right here in a pair years?
