SCOTUS Deadlocks On Major Religion Case
What A Day
What A Day
4.6 • 12.6K Ratings
🗓️ 23 May 2025
⏱️ 23 minutes
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Summary
In one of the most anticipated rulings of the term, the Supreme Court justices deadlocked Thursday in a case over the creation of a religious charter school in Oklahoma. The 4-4 split sets no precedent, meaning the justices could take up a similar case — and the underlying thornier questions around the separation of church and state — in the future. Later in the day, the justices also handed President Donald Trump a major temporary win, allowing him to fire the leaders of two independent federal agencies while the cases play out in the lower courts. Leah Litman, co-host of Crooked’s legal podcast ‘Strict Scrutiny’ and author of the new book “Lawless,” talks about Thursday’s decisions and gives us a preview of SCOTUS opinion season.
And in headlines: The Justice Department filed murder charges against a man suspected of killing two staffers of the Israeli embassy in D.C., the Palestinian health minister said more than two dozen children and elderly people had died of starvation-related causes in Gaza over the last two days, and the U.S. Treasury gets ready to bid adieu to the penny.
Show Notes:
- Check out Leah's book –www.simonandschuster.com/books/Lawless/Leah-Litman/9781668054628
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- For a transcript of this episode, please visit crooked.com/whataday
Transcript
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| 0:00.0 | It's Friday, May 23rd. I'm Jane Koston. This is Wadaday, the show that's excited to watch |
| 0:07.4 | the new Mission Impossible movie tonight to confirm my personal hunch that Tom Cruise firmly believes |
| 0:12.5 | he cannot die and is going to keep trying to prove it. On today's show, the Justice Department files murder charges against a man suspected of killing two staffers at the Israeli embassy in D.C., and the U.S. Treasury gets ready to bid adieu to the penny. |
| 0:30.5 | But let's start with the Supreme Court again. |
| 0:33.3 | On Thursday, the court did two very important things. |
| 0:36.6 | First, it deadlocked on a case involving |
| 0:38.5 | the creation of a religious charter school in Oklahoma. The justices' four-four split leaves |
| 0:43.4 | in place the ruling of the Oklahoma Supreme Court, which had blocked the school. And yes, this was a very |
| 0:48.2 | big deal. When the school and the state's charter board went to the U.S. Supreme Court in a bid to |
| 0:53.2 | reverse the Oklahoma court's ruling, it's clear that at least one of the court's charter board went to the U.S. Supreme Court in a bid to reverse the Oklahoma |
| 0:54.1 | court's ruling, it's clear that at least one of the courts' conservatives seemed a little |
| 0:58.8 | concerned about the possible precedent a state creating and funding a religious school might set. |
| 1:04.3 | We don't know who. The opinion didn't say how the justices voted. And because Justice Amy |
| 1:09.1 | Coney-Barritt had recused herself from the case, we got a deadlock. |
| 1:12.8 | This was a case about state-promoted religion, an issue that will definitely come up again. |
| 1:17.7 | What else will come up again? Shadow docket decisions, which is just a sinister sounding term for when |
| 1:23.1 | the court weighs in on cases that aren't on its official schedule. The justices did just that late |
| 1:28.4 | Thursday when they let President Donald Trump temporarily remove the leaders of two independent |
| 1:32.9 | agencies, the Merit Systems Protection Board, which handles employment disputes, and the National |
| 1:38.4 | Labor Relations Board, which helps protect private sector workers. And that's before we even get |
| 1:43.6 | to all the drama happening in the |
| 1:45.1 | lower courts, with the battles there over major parts of Trump's agenda, especially immigration. |
... |
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