On Tuesday, March 18, 2025, Esquire published an article detailing Justice Amy Coney Barrett’s decision to recuse herself from an upcoming Supreme Court case concerning public funding for a Catholic virtual charter school in Oklahoma. The case, Oklahoma Statewide Virtual Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond, centers on a ruling by the Oklahoma Supreme Court that denied public funding for the Catholic school, arguing that all charter schools in the state must be public and that funding religious charter schools violates constitutional provisions.
The Supreme Court has agreed to hear the appeal concerning this decision in late April. Justice Barrett’s recusal from the case was announced without any explanation, raising questions among observers regarding the motivations behind her withdrawal. Barrett was nominated to the Supreme Court by former President Donald Trump and played a key role in establishing a conservative supermajority within the court.
Legal analysts speculate that Barrett’s friendship with Nicole Garnett, a legal adviser to the St. Isidore school, may have influenced her decision to step aside. Garnett, along with her husband Richard, both affiliated with Notre Dame’s Religious Liberty Clinic, have been longstanding advocates for school choice, particularly in the context of religious education. The two women have maintained a close relationship for approximately 17 years, having been colleagues at Notre Dame, where they raised their families in proximity to one another.
The implications of Barrett’s recusal are significant, as it opens the possibility for a 4–4 split decision among the justices. In such a scenario, the lower court’s ruling from the Oklahoma Supreme Court would be upheld, effectively denying funding to the Catholic school. This outcome would be seen as a considerable setback for advocates of school choice within the conservative Catholic legal community, particularly those associated with Notre Dame.
Prior to her appointment to the Supreme Court, Barrett served as a trustee at Trinity School at Greenlawn, a private Christian academy in South Bend, Indiana, which participates in the state’s voucher program. This background, along with Garnett’s efforts to expand school voucher programs, underscores the intersecting interests that may have led to Barrett’s decision to recuse herself from the case.
The article also draws comparisons to Justice Clarence Thomas’s refusal to recuse himself from cases related to the January 6 insurrection, despite potential conflicts of interest stemming from his wife’s involvement. In contrast, Barrett’s choice to withdraw from the current case has been framed as a principled stand, particularly amid the potential for a deadlock among the justices.
Source: Esquire
