2025 News UMass Law: Duncan Interviewed on SCOTUS Block on Funds to Oklahoma Charter School

Professor Dwight Duncan was interviewed on latest SCOTUS decision blocking tax-payer funding to Oklahoma charter schools.

In a recent deadlocked decision, the U.S. Supreme Court blocked the bid led by two Catholic dioceses to establish the nation's first taxpayer-funded religious charter school in Oklahoma in a major case involving religious rights in American education. With Justice Amy Coney Barrett recusing herself, the 4-to-4 tie vote maintained the lower court’s decision, which stated that establishing a religious public charter school would violate both the state and federal constitutions.

In an interview with the National Catholic Register, UMass Law Professor Dwight Duncan discussed what made the 4-4 vote a surprise. “The expectation was that they had a religious-freedom majority,” Duncan said, in reference to how the Supreme Court Justices have ruled in the past. Duncan went on to explain that Justice Roberts has demonstrated concern about the high court’s current reputation in opinion polls and press stories. “And therefore, he wants to proceed very cautiously and gingerly when it comes to overturning precedent,” Duncan said.

This decision marks one ruling in what could possibly be a lengthy battle for charter schools. Since this decision only applies in Oklahoma, it is likely that the U.S. Supreme Court will hear similar cases bidding to gain tax-paying funding for charter schools in the future. Future court decisions could impact the first amendment, which divide religion and state, determining what basic rights students and teachers do or don’t have at charter schools.