A case currently before the U.S. Supreme Court raises questions about whether charters are truly public schools by addressing the question of whether churches should be permitted to operate them as religious academies.

Note: This morning, just as we were sending out this newsletter, the U.S. Supreme Court issued a surprising—and surprisingly quick—decision in the religious charter school case. Recall that Justice Barrett recused herself, so the Court reached a deadlock "per curiam" (unauthored) 4-4 decision that included no reasoning. Because of the deadlock, the Court affirmed the Oklahoma Supreme Court decision striking down the charter.

Effectively, this kicks the legal can down the road. Advocates for religious charter schools have already indicated that they will not let up on their efforts. Similarly, for those who think it important for charter schools to have the same legal status as—and genuine characteristics of—public schools, this is the time to revisit states' charter school laws, bringing them clearly within those states' public school systems.