Ready?

I was born ready.

Welcome to Advisory Opinions. I'm Sarah Isker and David French is doing some nonsense with his other employer today, which is great that I have the extended universe now. So we've got David Lat from original jurisdiction and Amy Howe from Scotus blog joining us. We will walk through the arguments in that St. Isidore religious charter school case,

then a little maybe circuit update world from David Latt, and finally, some May 15th preview

on the arguments we're going to hear about nationwide injunctions, associational standing, birthright citizenship. Is that a thing? What

happened to that 14th Amendment? So I'm just going to run through what David and Amy are looking

for in that case. Okay, we're going to start with the St. Isidore oral argument. This was the case

about religious public charter schools. David French and I talked about it on the last

episode and really set up the facts and some of the law on this. So if you want a deeper dive

about how we got here, check that out. But in short, St. Isidore is a online Catholic school.

They wanted to be a charter school for Oklahoma. They applied to be a

charter school. The charter school board granted them the charter to be a public charter school as a

religious public charter school that would, you know, teach Catholic stuff. So the legal question in this

case is really, you know, Oklahoma labels all charter

schools public schools, but like, is this a public public school or a private public school,

all turning around this idea of state action doctrine? Like, is this a government actor, in which case you would have

establishment clause problems if you're teaching Catholic doctrine? Or is it a private actor

getting a public benefit, the charter, in which case you would actually be violating the free

exercise clause if you deny them the charter because of

their religious status. So here's the interesting part. Justice Barrett has recused herself

from hearing this case, meaning we only have eight justices. Now, if it ties four four,

the charter school loses. The state of Oklahoma, represented by the Republican Attorney General,

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