Fix the Court’s Gabe Roth released this statement following the Supreme Court’s 4-4 result in 24-394 and 24-396, Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond (consolidated):

“Like Monday’s five recusals in the copyright petition, which meant there was no quorum, today’s deadlock shows the justices have it within them to exercise ethical leadership, even if it leads to results some might deem less than supreme.

“From an institutional and an ethical perspective, it is far better that Justice Barrett sat out this case due to her conflict than exercise a purported ‘duty to sit,’ which would’ve caused an air of bias to hang over it.

“The religious charter school issue will undoubtedly return to the Court, and we’ll know Justice Barrett’s views soon enough. In the meantime, I hope this example of putting ethics first is a sign of things to come.”