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What A Day

SCOTUS Deadlocks On Major Religion Case

What A Day

Crooked Media

News, Daily News

4.612K Ratings

🗓️ 23 May 2025

⏱️ 23 minutes

🧾️ Download transcript

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.

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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