The Supreme Court Update - January 27, 2025

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On January 24, 2025, the Court granted certiorari in three cases:

Oklahoma Statewide Charter School Board v. Drummond, St. Isidore of Seville Catholic Virtual School v. Drummond, Nos. 24-394, 24-396: These consolidated cases concern an Oklahoma Catholic online school that sought state funding as a charter school. The Oklahoma Supreme Court invalidated the charter school board’s contract with the school, concluding that state law and the Oklahoma and U.S. Constitutions prohibited allowing the school to become a charter school. The questions presented are: (1) Whether the academic and pedagogical choices of a privately owned and run school constitute state action simply because it contracts with the state to offer a free educational option for interested students; and (2) whether a state violates the First Amendment's free exercise clause by excluding privately run religious schools from the state’s charter-school program solely because the schools are religious, or instead a state can justify such an exclusion by invoking anti-establishment interests that go further than the First Amendment's establishment clause requires.

Laboratory Corporation of America Holdings v. Davis, No. 24-304: This case addresses the standard for certifying class actions seeking monetary damages under Federal Rule of Civil Procedure 23(b)(3). The question presented is: Whether a federal court may certify a class action pursuant to Rule 23(b)(3) when some members of the proposed class lack any Article III injury.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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