We the People

Are Religious Charter Schools Constitutional?

Listen Later

On April 30, the Supreme Court heard oral arguments in Oklahoma Statewide Charter School Board v. Drummond, which examines the constitutionality of religious charter schools. In this episode, Michael McConnell of Stanford Law School and Steven Green of Willamette University join Jeffrey Rosen to recap the oral arguments, debate the meaning and history of the Free Exercise and Establishment Clauses, and survey the Court’s other religion cases from this term. 


Resources: 

  • Fulton v. City of Philadelphia (2021)
  • Carson v. Makin (2022)
  • Michael McConnell and Nathan S. Chapman, Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience (2023)
  • Steven Green et al. Brief of Historians and Legal Scholars as Amici Curiae In Support of Respondent, Oklahoma Statewide Charter School Board v. Drummond  
  • Michael McConnell et al. Brief for Amici Curiae Religious Liberty Scholars In Support of Petitioners, Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission 
  • Michael McConnell et al. Brief for Professors Douglas Laycock, Richard W. Garnett, Thomas C. Berg, Michael W. McConnell, and David M. Smolin as Amici Curiae In Support of Petitioners, Mahmoud v. Taylor 


    • Stay Connected and Learn More

    • Questions or comments about the show? Email us at ⁠[email protected]⁠
    • Continue the conversation by following us on social media @ConstitutionCtr.
    • ⁠Sign up⁠ to receive Constitution Weekly, our email roundup of constitutional news and debate.
    • Follow, rate, and review wherever you listen.
    • Join us for an upcoming ⁠live program⁠ or watch recordings on ⁠YouTube⁠.
    • Support our important work.


      • ⁠Donate

      ...more
      View all episodesView all episodes
      Download on the App Store
      We the PeopleBy National Constitution Center
      • 4.6
      • 4.6
      • 4.6
      • 4.6
      • 4.6

      4.6

      1,076 ratings

      More shows like We the People

      View all
      The Political Scene | The New Yorker by WNYC Studios and The New Yorker

      The Political Scene | The New Yorker

      3,998 Listeners

      Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Podcasts

      Amicus With Dahlia Lithwick | Law, justice, and the courts

      3,538 Listeners

      Bloomberg Law by Bloomberg

      Bloomberg Law

      373 Listeners

      U.S. Supreme Court Oral Arguments by Oyez

      U.S. Supreme Court Oral Arguments

      689 Listeners

      Lectures in History by C-SPAN

      Lectures in History

      750 Listeners

      Live at the National Constitution Center by National Constitution Center

      Live at the National Constitution Center

      144 Listeners

      The Lawfare Podcast by The Lawfare Institute

      The Lawfare Podcast

      6,295 Listeners

      Interesting Times with Ross Douthat by New York Times Opinion

      Interesting Times with Ross Douthat

      7,070 Listeners

      Strict Scrutiny by Crooked Media

      Strict Scrutiny

      5,758 Listeners

      Advisory Opinions by The Dispatch

      Advisory Opinions

      3,868 Listeners

      The Ezra Klein Show by New York Times Opinion

      The Ezra Klein Show

      16,082 Listeners

      Amarica's Constitution by Akhil Reed Amar

      Amarica's Constitution

      381 Listeners

      Divided Argument by Will Baude, Dan Epps

      Divided Argument

      738 Listeners

      For the Ages: A History Podcast by The New York Historical

      For the Ages: A History Podcast

      379 Listeners

      The Opinions by The New York Times Opinion

      The Opinions

      547 Listeners