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amy coney barrett
Split Supreme Court Won't Allow First Religious Public Charter School in US
Although another case could soon come before the high court, the ACLU still welcomed that, for now, "public schools must remain secular and welcome all students, regardless of faith."
May 22, 2025
Public education and First Amendment advocates on Thursday celebrated the U.S. Supreme Court's refusal to allow the nation's first religious public charter school in Oklahoma—even though the outcome of this case doesn't rule out the possibility of another attempt to establish such an institution.
"Requiring states to allow religious public schools would dismantle religious freedom and public education as we know it," Cecillia Wang, national legal director of the ACLU, said in a statement about the 4-4 decison. "Today, a core American constitutional value remains in place: Public schools must remain secular and welcome all students, regardless of faith."
Wang's group and other partners had filed a lawsuit over St. Isidore of Seville Catholic Virtual School on behalf of parents, faith leaders, and public school advocates. Her colleague Daniel Mach, director of the ACLU's Program on Freedom of Religion and Belief, declared Thursday that "the very idea of a religious public school is a constitutional oxymoron."
The new one-page opinion states that "the judgment is affirmed by an equally divided court," which means the Oklahoma Supreme Court's June 2024 ruling against St. Isidore remains in place. There are nine members of the U.S. Supreme Court, but Justice Amy Coney Barrett—who is part of its right-wing supermajority—recused herself from this case.
"While Justice Barrett did not provide an explanation for her recusal, it may be because she is close friends with Nicole Stelle Garnett, a professor at Notre Dame Law School who was an early adviser for St. Isidore," The New York Timesnoted. "Although justices sometimes provide reasons when they recuse themselves, they are not required to do so."
Law Dork's Chris Geidner warned that "a new challenge not requiring her recusal could easily return to the court in short order—especially now that the court has shown its interest in taking on the issue."
In this case, as Common Dreams reported during oral arguments last month, Chief Justice John Roberts appeared to be the deciding vote. Geidner pointed out Thursday that while it seems most likely that he sided with the three liberals, "even that could have been as much of a vote to put off a decision as a substantive ruling on the matter."
Some groups happy with the outcome in this case also highlighted that the battle is expected to continue.
"This is a crucial, if narrow, win for constitutional principles," Freedom From Religion Foundation (FFRF) co-president Annie Laurie Gaylor said in a statement. "A publicly funded religious charter school would have obliterated the wall of separation between state and church. We're relieved that, at least for now, the First Amendment still means what it says."
"The fight isn't over," Gaylor added. "The forces trying to undermine our public schools and constitutional freedoms are already regrouping. FFRF will continue to defend secular education and the rights of all Americans to be free from government-imposed religion."
Leading teachers unions also weighed in with both an amicus brief submitted to the high court and Thursday statements.
"Educators and parents know that student success depends on more resources in our public schools, not less. Yet for too long, we have seen anti-public education forces attempt to deprive public school students of necessary funding and support," National Education Association president Becky Pringle said Thursday. "We are gratified that the Supreme Court did not take the radical step of upending public education by requiring states to have religious charter schools."
American Federation of Teachers president Randi Weingarten also welcomed that the high court on Thursday let stand the Oklahoma decision, "which correctly upheld the separation of church and state and backed the founders' intention to place religious pluralism over sectarianism."
"We are grateful that it upheld the state's highest court's clear and unambiguous ruling to preserve and nurture the roots of our democracy, not tear up its very foundations," Weingarten said in a statement. "We respect and honor religious education. It should be separate from public schooling."
"Public schools, including public charter schools, are funded by taxpayer dollars because they are dedicated to helping all—not just some—children have a shot at success," she stressed. "They are the bedrock of our democracy, and states have long worked to ensure that they remain secular, open, and accessible to all."
This article has been updated with comment from the National Education Association.
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Abortion Pills Aren't Uncomfortable; Censorship Is
Here's my message to The Times-Picayune and every other institution that finds truth "uncomfortable": Get comfortable with discomfort. Because abortion pills aren't going anywhere.
May 22, 2025
So here's what happened.
We—Mayday Health, an abortion education nonprofit—tried to buy a newspaper ad in The Times-Picayune of New Orleans. The ad featured just a few words: "Abortion pills are more popular than ever. Thanks, Amy" with a photo of Amy Coney Barrett, who was born in New Orleans.
The Times-Picayune of New Orleans, Louisiana said… no. They refused to publish.
They sent us a rejection letter assuring us that they "support First Amendment free speech," of course. They just find our particular speech too "uncomfortable."
Uncomfortable.
Let me tell you about uncomfortable.
Uncomfortable is 900,000 Louisiana women of childbearing age waking up in a state that treats their uteruses like crime scenes. Uncomfortable is pregnant Kaitlyn Joshua bleeding through her jeans in a Louisiana hospital parking lot because doctors were too scared of criminal repercussions. Uncomfortable is driving five hours across state lines for healthcare that used to be 10 minutes away. Uncomfortable is a group of Louisiana Republicans investigating a New York-based doctor for legally shipping pills to patients in the state—prosecutors hunting doctors for simply providing care.
In trying to end abortion access, Barrett accidentally revealed just how determined Americans are to control their own bodies. (Thanks for nothing, Amy.)
Louisiana already had one of the highest maternal mortality rates in the nation before this medieval abortion ban. Black and Native American women die here at rates that would make developing countries blush. And now? Doctors turn away women with pregnancy complications because providing necessary care might land them in a state prison.
So yes, Amy Coney Barrett voted to overturn Roe v. Wade. Yes, clinics shuttered overnight from coast to coast. But here's what nobody saw coming: When you eliminate physical access to abortion care, people don't simply accept defeat. They fight for their reproductive freedom. Today, more Americans are ending pregnancies with pills delivered to their mailboxes than ever before—not because it's ideal, but because it's necessary. The data is unequivocal; Abortion rates have actually risen since Roe fell in 2022, though countless people still face dangerous barriers to care. In trying to end abortion access, Barrett accidentally revealed just how determined Americans are to control their own bodies. (Thanks for nothing, Amy.)
But The Times-Picayune finds our ad uncomfortable. The Times-Picayune chose comfort over truth. They chose to protect their readers from reality, rather than prepare them for it.
Here are the facts The Times-Picayune doesn't want you to read: Abortion pills work. They're Food and Drug Administration-approved. They're safe. And—here's the kicker—they're available by mail in all 50 states, including Louisiana. Right now, as you read this, about 8,000 women per month in abortion-banned states are getting these pills delivered to their doorsteps.
I run Mayday Health. We're the people who put up billboards and buy ads and generally make powerful people squirm by stating the obvious. Like the time we put up three billboards in Jackson, Mississippi that read "Pregnant? You still have a choice." When Mississippi's attorney general tried to intimidate us with subpoenas, we didn't blink. We bought 20 more billboards and ran a state-wide TV ad. We turned their threats into a marketing campaign about abortion pills.
When Spotify rejected our audio ads about abortion pills, claiming we violated their policies, we posted a Tweet thread called the "Spotify Rapist Playlist," a list of convicted felons whose music is still available to stream. A week later, Spotify admitted their "ad reviewer made an error." (Spotify ultimately rejected our ads, and we ended up going on Pandora).
We've danced this dance before. The powerful get nervous when they think they have something to lose.
Here's what kills me: The same people who spread complete bullshit about abortion—that it causes breast cancer, that fetuses feel pain at six weeks, that women regularly use it as birth control—these people get full-page spreads. But a few words of truth about FDA-approved pills? Too spicy for the newspaper of record in the Big Easy.
Amy Coney Barrett and her robed colleagues said they were giving the power back to the states, back to the people. Noble, right? Except how are people supposed to make informed decisions when newspapers won't even print basic medical facts?
The truth is simple: Abortion bans don't stop abortions. They stop safe abortions. Women have been ending pregnancies since before we figured out how to make fire, and they're not stopping anytime soon. The only question is whether they'll have accurate information to aid them in the process.
We're not backing down. Mayday Health will keep taking out ads, conducting undercover investigations into fake crisis centers, flying airplane banners over MLB games, driving digital billboard trucks to fake crisis pregnancy centers, building pop-up abortion stores in Texas, and spreading information to rape crisis pregnancy centers. Because while The Times-Picayune worries about its comfort level, Louisiana women are out here living in the real world—a world where information isn't just power, it's survival.
So here's my message to The Times-Picayune and every other institution that finds truth "uncomfortable:" Get comfortable with discomfort. Because we're not going anywhere, and neither are abortion pills.
How's that for uncomfortable?
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Alarm as Federal Judges Face Threats of Violence After Ruling Against Trump
"When you can't win in court, set loose your flying monkeys to intimidate judges and their families?" asked one Democratic senator. "That's the America we want?"
Mar 20, 2025
Since U.S. President Donald Trump took office in January, the judicial branch has served as something of a firewall against some of his attempts to subvert congressional authority and undermine long-established constitutional law, with federal judges blocking his orders to end birthright citizenship, cut foreign aid funding, and other parts of his agenda.
But as the rulings have been met with relief from rights advocates, the judges who have handed down the decisions have faced mounting threats from anonymous people or groups who appear to support Trump—with remarks from Republican lawmakers and the president himself only emboldening the threats of violence.
As The New York Times reported Wednesday, judges who have ruled against the administration's policies in recent weeks have received "bomb threats, anonymous calls to dispatch police SWAT teams to home addresses, even the delivery of pizzas, a seemingly innocuous prank" which is meant to convey an ominous message, suggested one judge who was targeted.
"They know where you and your family members live," said the judge, who is overseeing a case pertaining to the Trump administration.
On Tuesday, Trump called for the impeachment of Chief Judge James Boasberg of the U.S. District Court for the District of Columbia and derided him as a "radical left lunatic" after Boasberg barred the administration from deporting Venezuelan immigrants to El Salvador under the 1798 Alien Enemies Act. His comments followed those of Rep. Brandon Gill (R-Texas), who pledged to file articles of impeachment against the "activist" judge.
Trump's remarks prompted U.S. Supreme Court Chief Justice John Roberts to warn that "impeachment is not an appropriate response to disagreement concerning a judicial decision," advising those who oppose federal rulings to do so via "the normal appellate review process."
Roberts' warning didn't stop anonymous critics on social media from demanding that Boasberg be sent to Guantánamo Bay "for 20 years" and calling him a "terrorist-loving judge."
Far-right conspiracy theorist Laura Loomer, who traveled with Trump during his campaign last year, told her 1.5 million social media followers that the judge's family "is a national security threat."
U.S. Sen. Sheldon Whitehouse (D-R.I.) on Thursday likened the response of Trump and the MAGA movement to the judiciary to setting loose "flying monkeys to intimidate judges and their families."
Supreme Court Justice Amy Coney Barrett, one of the court's right-wing judges who was appointed by Trump, broke with the other conservative justices earlier this month when she ruled against the president's freeze on foreign aid—prompting allies of the president to deride Coney Barrett as a "closet Democrat" and a "DEI hire," referring to diversity, equity, and inclusion initiatives that Trump has pushed to end.
Days after the ruling, Coney Barrett's sister received a threat—which turned out to be false—that there was a pipe bomb in her mailbox.
Judge John C. Coughenour of the U.S. District Court for the Western District of Washington also reported that he had been targeted by a "swatting" attack, in which a false tip was sent to local law enforcement, prompting officers to show up at the judge's home expecting to find an armed intruder. The attack followed Coughenour's ruling that blocked Trump's order attempting to abolish birthright citizenship.
Reutersreported earlier this this month that "U.S. marshals have warned judges of unusually high threat levels."
"Security has been bolstered for some judges assigned cases over Trump administration initiatives," the outlet reported.
The government watchdog Public Citizen said the threats against judges who rule against Trump is a "red flag."
"This presidency is starting to look a lot like a dictatorship," said the group.
Maggie Jo Buchanan, interim executive director of the court reform advocacy group Demand Justice, said that "judges should not face threats of impeachment, violence, or worse, simply for doing their jobs and upholding their oaths to the rule of law and Constitution."
"Criticism and public discourse around rulings is a part of our democracy," said Buchanan. "Threats and intimidation are not."
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