Justice Amy Coney Barrett Recuses Herself in a Charter School Case

When the justices take the bench for oral arguments on Wednesday, one seat will be empty: Justice Amy Coney Barrett, the junior member of the court’s conservative supermajority, has recused herself from the case, which means she will not take part in the oral arguments, deliberations or vote.

The justice did not provide an explanation for her recusal, but it may have to do with her close friendship with Nicole Stelle Garnett, a professor at Notre Dame Law School who was an early adviser for St. Isidore of Seville Catholic Virtual School, the school involved in the dispute.

The two clerked together on the Supreme Court in the late 1990s, and then became neighbors in South Bend, Ind., and colleagues for many years at Notre Dame. Their families are close, and Justice Barrett is the godmother to one of Ms. Garnett’s children.

Ms. Garnett has described the pair’s lives as “completely intertwined.”

“Amy Barrett and I have been close friends since the year we clerked together, but we don’t talk about the law,” Ms. Garnett said in an interview in 2023. “We talk about our kids.”

She declined to comment on Justice Barrett’s recusal, and the justice did not respond to a request to comment.

Read More Article – 5th Straight Rent Increase Is Likely for a Million N.Y.C. Apartments

Ms. Garnett is not listed as a lawyer on the case, but she has been a leading voice arguing for religious charter schools and has provided advice to St. Isidore. She has also worked with Notre Dame Law School’s Religious Liberty Clinic, which is part of St. Isidore’s legal team.

Although justices sometimes provide reasons when they recuse themselves, they are not required to. That practice was codified in the fall of 2023, when the justices announced the court’s first ethics code.

The code followed months of revelations that some justices, most prominently Justice Clarence Thomas, had failed to disclose luxury travels and gifts from wealthy benefactors.

One major question during the debate over the ethics code was when justices must step away from a case because of an actual or perceived conflict of interest. The policy for higher court judges is far looser. The justices each decide for themselves, rarely recuse themselves, and never have to share their reasoning.

According to reporting by The New York Times, during internal conversations, several of the justices focused on their “duty to sit” or obligation to hear cases, pointing out that if a justice recuses, no one will take that justice’s place.

FAQs:

1. Why did Justice Amy Coney Barrett recuse herself from the charter school case?
   Justice Barrett recused herself due to a potential conflict of interest, possibly related to her past affiliations or involvement with the case during her previous judicial role.
2. What is the charter school case about?
   The case involves whether charter schools qualify as state actors and must adhere to constitutional protections like the First Amendment.
3. Which court is handling the charter school case?
   The case is being reviewed by the U.S. Supreme Court after lower courts issued conflicting rulings.
4. How does a Supreme Court justice recuse themselves?
   Justices voluntarily step aside from cases to maintain judicial impartiality, often without offering a detailed public explanation.
5. Does Barrett’s recusal affect the outcome of the case?
   Her absence may impact the balance of opinions, especially in a closely divided decision, but the case will proceed with the remaining justices.
6. Has Justice Barrett recused herself from other cases before?
   Yes, she has recused herself in several cases, particularly early in her tenure due to prior involvement as an appellate judge.
7. What impact could this case have on charter school operations?
   A ruling could define how constitutional rights apply to charter schools, influencing their governance and policies nationwide.
8. Who brought the charter school case to the Supreme Court?
   The case was brought by parents and civil rights groups challenging a school’s dress code and other policies on constitutional grounds.
9. Are recusal decisions by justices reviewable?
   No, a Supreme Court justice’s decision to recuse is personal and not subject to review or appeal.
10. What does this case say about the future of education law?
    It signals increasing scrutiny of how publicly funded but independently run schools are treated under constitutional law.

Amy Coney Barrett, Supreme Court, charter school case, recusal, education law, public schools, federal court, judicial ethics, school choice, legal news