By Manny Marotta, FTC law clerk

Justice Barrett recently recused herself from the Supreme Court’s review of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond (cert. granted Jan. 24), consolidated cases concerning whether Oklahoma can deny religious schools charter status due to their religious nature.

Barrett did not provide a reason for her recusal, though many have speculated it’s due to her close relationship with Notre Dame Law Prof. Nicole Garnett, who assisted St. Isidore with their state court filings and who wrote in 2020 that her and Barrett’s lives were “completely intertwined” at one point.

Though we’d rather she explain her recusal and not open herself to speculation as to why it occurred, her decision does show the necessity of avoiding even the appearance of impropriety when choosing whether to sit on a case or petition. At a time of wavering public trust in the judiciary, Barrett’s recusal is a welcome step.

At Fix the Court, we will continue to advocate for stronger, enforceable ethics guidelines for the Supreme Court. But for now, we applaud Justice Barrett for making this decision.