SCOTUS Deadlocked on Religious Charter School, DOJ Investigates Trump Foes

Supreme Court Deadlock on Religious Charter School

• ⚖️ The Supreme Court deadlocked 4-4 on a case concerning the creation of the nation's first faith-based charter school in Oklahoma, thwarting the effort.
• 🚫 Justice Amy Coney Barrett's recusal resulted in the tie, leaving the Oklahoma Supreme Court's ruling against the school in place.
• 💡 The split decision means it's unclear if states are constitutionally required to include religious institutions in taxpayer-funded charter school programs.
• 🏛️ Experts suggest the case highlighted tensions between the Establishment Clause and Free Exercise Clause, with different outcomes depending on whether the entity is private or governmental.
• 🧐 It's speculated that Chief Justice John Roberts may have been the pivotal vote, siding with the liberal justices against overruling the lower court.

Future of Religious School Cases

• 🚀 Proponents of religious charter schools may try again, especially in cases where Justice Barrett can participate.
• 🗺️ The case of St. Dominic Academy versus Mon in Maine, involving a voucher-based school choice system, is seen as a likely next step, differing from Oklahoma's charter school model.
• ❓ There are no immediate cases percolating regarding faith-based charter schools specifically, but broader school choice cases are expected.

DOJ's "Weaponization" Working Group and Investigations

• 🎯 The Trump administration is reportedly using the legal system to target perceived political enemies, including investigations into New York AG Leticia James and former Governor Andrew Cuomo.
• 🗣️ A new DOJ "weaponization working group" head stated they will publicly name individuals they cannot charge, aiming to shame them.
• ⚖️ This approach deviates from the DOJ's long-standing policy of neither confirming nor denying investigations to protect reputations.
• 🧐 Critics argue this itself constitutes weaponizing the Justice Department, distorting facts and traditions.
• 🚨 The investigation into Leticia James for mortgage fraud, occurring after her judgment against Trump, is viewed with skepticism and as potentially politically motivated retribution.
• 📉 Concerns are raised about the damage to public trust and the potential for jury pool influence due to public statements and leaks.

Nationwide Injunctions and Class Actions

• ❓ The Supreme Court is questioning the use of nationwide injunctions, with conservatives suggesting they are illegitimate.
• ⚖️ However, some justices expressed concern about limiting them, as it could allow policies like birthright citizenship restrictions to take effect before legal review.
• 💡 An alternative discussed is the use of "putative class actions," which offer relief to non-parties, though they present certification challenges.
• 🚀 The court's decision in a case blocking the transfer of Venezuelans to El Salvador, which involved a putative class, suggests a willingness to accept such arrangements.
• 🧐 The rationale behind taking the birthright citizenship case is unclear, with theories ranging from ending nationwide injunctions to establishing precedent in favor of them.
• 📈 The trend indicates lower courts may increasingly use putative class actions, signaling a potential shift in how legal challenges are handled.