No. 24-396
Vide 24-394
 
Title: St. Isidore of Seville Catholic Virtual School, Petitioner
v.
Gentner Drummond, Attorney General of Oklahoma, ex rel. Oklahoma
Docketed: October 9, 2024
Linked with: 24A264
Lower Ct: Supreme Court of Oklahoma
   Case Numbers: (121,694)
   Decision Date: June 25, 2024
Questions Presented
 
Proceedings and Orders
Sep 11 2024 Application (24A264) to extend the time to file a petition for a writ of certiorari from September 23, 2024 to October 7, 2024, submitted to Justice Gorsuch.
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Sep 19 2024 Application (24A264) granted by Justice Gorsuch extending the time to file until October 7, 2024.
Oct 07 2024 Petition for a writ of certiorari filed. (Response due November 8, 2024)
Petition Certificate of Word Count Proof of Service
Oct 29 2024 Motion to extend the time to file a response from November 8, 2024 to December 9, 2024, submitted to The Clerk.
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Oct 30 2024 Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2024.
Oct 31 2024 Brief amicus curiae of Manhattan Institute filed. VIDED.
Main Document Proof of Service Certificate of Word Count
Nov 05 2024 Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed. VIDED.
Main Document Proof of Service Certificate of Word Count
Nov 07 2024 Brief amicus curiae of The Buckeye Institute filed. VIDED.
Main Document Proof of Service Certificate of Word Count
Nov 08 2024 Brief amici curiae of Former Oklahoma Attorneys General John M. O'Connor & E. Scott Pruitt filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Nov 08 2024 Brief amici curiae of General Council of the Assemblies of God, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Nov 08 2024 Brief amici curiae of South Carolina, et al. filed. VIDED.
Main Document Proof of Service Certificate of Word Count
Nov 08 2024 Brief amici curiae of Ryan Walters in His Official Capacity as Superintendent of Public Instruction for Oklahoma, et al. filed. VIDED.
Main Document Proof of Service Certificate of Word Count
Nov 08 2024 Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.
Main Document Proof of Service Certificate of Word Count
Nov 08 2024 Brief amici curiae of the Jewish Coalition for Religious Liberty, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Dec 09 2024 Brief amicus curiae of National Alliance for Public Charter Schools filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Dec 09 2024 Brief of respondent Gentner Drummond in opposition filed.
Main Document Certificate of Word Count Proof of Service Other
Dec 23 2024 Reply of petitioner St. Isidore Of Seville Catholic Virtual School filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Dec 24 2024 DISTRIBUTED for Conference of 1/10/2025.
Jan 13 2025 DISTRIBUTED for Conference of 1/17/2025.
Jan 21 2025 DISTRIBUTED for Conference of 1/24/2025.
Jan 24 2025 Petition GRANTED. The petition for a writ of certiorari in No. 24-394 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Petitioners' briefs on the merits are to be filed on or before Wednesday, March 5, 2025. Respondent's brief on the merits is to be filed on or before Monday, March 31, 2025. The reply briefs are to be received by the Clerk and served upon opposing counsel on or before 2 p.m., Monday, April 21, 2025. VIDED. Justice Barrett took no part in the consideration or decision of this petition.
Jan 24 2025 Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 24-394. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-394. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Feb 24 2025 SET FOR ARGUMENT on Wednesday, April 30, 2025. VIDED.
Mar 03 2025 Record requested from the Supreme Court of Oklahoma.
Mar 19 2025 Record received from the Supreme Court of Oklahoma and available with the Clerk (one box).
Mar 19 2025 CIRCULATED
Apr 30 2025 Argued. For petitioners in 24-394: James A. Campbell, Lansdowne, Va. For petitioner in 24-396: Michael H. McGinley, Washington, D. C. For United States, as amicus curiae: D. John Sauer, Solicitor General, Department of Justice, Washington, D. C. For respondent: Gregory G. Garre, Washington, D. C. VIDED.
May 22 2025 Adjudged to be AFFIRMED by an equally divided Court. Justice Barrett took no part in the consideration or decision of these cases. Opinion per curiam. VIDED.
Jun 23 2025 Judgment and Mandate Issued.
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Attorneys
Attorneys for Petitioners
Michael Hugh McGinley
Counsel of Record
Dechert LLP
1900 K Street, NW
Washington, DC 20006
michael.mcginley@dechert.com
Ph: 202-261-3378
Party name: St. Isidore Of Seville Catholic Virtual School


Attorneys for Respondents
Garry Michael Gaskins II
Counsel of Record
Oklahoma Office of Attorney General
313 N.E. Twenty-First St.
Oklahoma City, OK 73105
GARRY.GASKINS@OAG.OK.GOV
Ph: 4055213921
Party name: Gentner Drummond


Other Attorneys
Anthony Thomas Caso
Counsel of Record
Constitutional Counsel Group
1628 N Main St. #289
Salinas, CA 93906
ATCASO@CCG1776.COM
Ph: 916-601-1916
Party name: Center for Constitutional Jurisprudence


Richard Michael Esenberg
Counsel of Record
Wisconsin Institute for Law & Liberty
330 E. Kilbourn Ave.
Suite 725
Milwaukee, WI 53202
rick@will-law.org
Ph: 414-727-9455
Party name: Wisconsin Institute for Law & Liberty, Inc.


Anthony Joseph Ferate
Counsel of Record
Spencer Fane LLP
9400 N. Broadway Ext
Suite 600
Oklahoma City, OK 73114
ajferate@spencerfane.com
Ph: 4057535939
Party name: Ryan Walters in His Official Capacity as Superintendent of Public Instruction for the State of Oklahoma, The Oklahoma Department of Education, and the Oklahoma State Board of Education


Noel John Francisco
Counsel of Record
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001
NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
Party name: General Council of the Assemblies of God, the Coalition for Jewish Values, and the Religious Freedom Institute


Jacob H. Huebert
Counsel of Record
Liberty Justice Center
7500 Rialto Blvd.
Suite 1-250
Austin, TX 78735
JHUEBERT@ljc.org
Ph: 512-481-4400
Party name: The Jewish Coalition for Religious Liberty, Abraham Knowledge Academy and The Religious Freedom Institute


Eric Nieuwenhuis Kniffin
Counsel of Record
Ethics and Public Policy Center
1730 M Street N.W.
Suite 910
Washington, DC 20036
ekniffin@eppc.org
Ph: 2026281200
Party name: Professor Charles L. Glenn


Andrew William Lester
Spencer Fane LLP
9400 North Broadway Extension
Suite 600
Oklahoma City, OK 73114
alester@spencerfane.com
Ph: 4058449900
Party name: Ryan Walters in His Official Capacity as Superintendent of Public Instruction for the State of Oklahoma, The Oklahoma Department of Education, and the Oklahoma State Board of Education


Thomas Ryan McCarthy
Counsel of Record
Consovoy McCarthy PLLC
1600 Wilson Boulevard
Suite 700
Arlington, VA 22209
TOM@CONSOVOYMCCARTHY.COM
Ph: 7032439423
Party name: Former Oklahoma Attorneys General John M. O'Connor & E. Scott Pruitt


Stephan Jacob Schlegelmilch
Counsel of Record
Debevoise & Plimpton LLP
801 Pennsylvania Avenue N.W.
Suite 500
Washington, DC 20004
sjschlegelmilch@debevoise.com
Ph: (202) 383-8000
Party name: Constitutional and Education Law Scholars


Ilya Shapiro
Counsel of Record
Manhattan Institute
52 Vanderbilt Ave.
New York, NY 10017
ishapiro@manhattan-institute.org
Ph: 212599-7000
Party name: Manhattan Institute


Joseph David Spate
Counsel of Record
South Carolina Attorney General's Office
P.O. Box 11549
Columbia, SC 29211
josephspate@scag.gov
Ph: (803) 734-3371
Party name: State of South Carolina


David Christian Tryon
Counsel of Record
The Buckeye Institute
88 East Broad Street
Suite 1300
Cleveland, OH 43215
d.tryon@buckeyeinstitute.org
Ph: (614) 224-4422
Party name: The Buckeye Institute


Randall John Yates
Crowe and Dunlevy, P.C.
222 N. Detroit Ave., Suite 600
Suite 600
Tulsa, OK 74120
randall.yates@crowedunlevy.com
Ph: 918-592-9866
Party name: National Alliance for Public Charter Schools