Are religious charter schools constitutional? After deadlocked SCOTUS decision, another Oklahoma case is trying to find out

Another case about the constitutionality of a religious charter school may be on the Supreme Court's horizon. Finn Gomez/Getty Images

Just over a year ago, the U.S. Supreme Court rendered an unusual judgment: a tied vote.

Without stating why, Justice Amy Coney Barrett recused herself from Oklahoma Statewide Charter School Board v. Drummond, a case about whether it would have been constitutional to open a Catholic charter school. The remaining justices deadlocked 4-4, leaving in place lower court rulings that blocked the school. Oklahoma courts agreed that allowing state funding to a religious school would have violated both Oklahoma law and the First Amendment to the U.S. Constitution.