Amy Coney Barrett recused herself from big charter school case


Barrett is one of the six practicing Catholics on the court. ( Gorsuch was raised Catholic but is Episcopalian.) Her religion was a major flashpoint in her confirmation hearings for a lower court.

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WASHINGTON − One Supreme Court justice was not present for Wednesday’s heated arguments over a bid by the Catholic Church to create the nation’s first religious charter school.

Justice Amy Coney Barrett recused herself from the case.

Although she didn’t give a reason, Barrett is close friends with the Notre Dame Law School professor who was an early legal adviser to the Catholic Church in Oklahoma.

Her absence means the court could deadlock 4-4 on a decision. If they do, that would leave in place the Oklahoma Supreme Court’s decision that religious charter schools are not allowed.

Barrett is one of the six practicing Catholics on the court. (Justice Neil Gorsuch was raised Catholic but is Episcopalian.)

Barrett’s religion was a major flashpoint during her 2017 confirmation hearing for a seat on the U.S. Court of Appeals for the 7th Circuit, three years before President Donald Trump elevated her to the Supreme Court.

A hero in conservative circles before falling out of favor with MAGA

Barrett became a hero in conservative circles after Sen. Dianne Feinstein raised her concern that “the dogma lives loudly within you.” Barrett’s Catholic and conservative backers used the phrase on T-shirts, tote bags and coffee mugs in a sign of support.

But earlier this year, Barrett was attacked by some on the right after she and Chief Justice John Roberts sided with the court’s three liberal justices in backing an order that the Trump administration had to pay foreign aid organizations for work they already did for the government.

Jack Posobiec, a senior editor at Human Events, a conservative political news and analysis site, called Barrett “a warning against the dangers of Republican DEI.”

Barrett has a new book coming out in September in which she’s expected to discuss her deliberation process and dealing with media scrutiny, among other topics.

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