What a Day Podcast Summary Episode: SCOTUS Deadlocks On Major Religion Case | Release Date: May 23, 2025
Host: Jane Coston | Produced by Crooked Media
Supreme Court Deadlock on Oklahoma's Religious Charter School Case
[00:02 - 03:26]
Jane Coston opens the episode by highlighting two major news items: the Justice Department's murder charges against a suspect linked to the Israeli embassy killings in D.C., and the U.S. Treasury's plans to discontinue the penny. However, the primary focus is on the recent Supreme Court (SCOTUS) deadlock concerning the establishment of a religious charter school in Oklahoma.
On Thursday, the Supreme Court split 4-4 on the case, upholding the Oklahoma Supreme Court's decision to block the creation of the school. The deadlock occurred because Justice Amy Coney Barrett recused herself, leading to an even split among the remaining justices. This decision leaves in place the lower court's ruling, preventing the state from establishing and funding a religious charter school.
Jane Coston notes, “We don't know who. The opinion didn't say how the justices voted. And because Justice Amy Coney Barrett had recused herself from the case, we got a deadlock.” Leah Littman, host of Crooked Media's Strict Scrutiny podcast and author of How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, explains the implications of this deadlock.
Implications of the SCOTUS Deadlock
[02:14 - 03:26]
Leah Littman expresses concern that the deadlock "is resulting in the significance of this decision being underplayed," emphasizing that the ruling signals a potential shift among Republican appointees towards allowing state-funded religious schools. She adds, “This was a momentous change about the structure of government that the court just dialed in.”
Other Significant SCOTUS Cases and Upcoming Decisions
[03:26 - 06:34]
Coston and Littman delve into additional major cases the Supreme Court has addressed this term:
-
Mahmoud vs. Taylor: This case examines whether a school district can include LGBTQ reading materials and whether parents have the constitutional right to opt their children out based on religious beliefs.
-
Religious Charity Exemption Case: Focuses on whether a religious organization can be exempt from the state's unemployment compensation scheme, specifically regarding tax exemptions and public funds.
Looking ahead, Leah Littman anticipates a busy decision season with cases on the constitutionality of the Voting Rights Act, birthright citizenship, and the legality of banning gender-affirming care for minors. She warns of increased shadow docket activity, where the Court handles cases outside its regular schedule, often resulting in swift and unelaborated decisions.
Shadow Docket Decisions and Administrative Interference
[05:30 - 08:05]
The discussion shifts to shadow docket decisions, highlighting SCOTUS's role in cases not formally scheduled on their calendar. Notably, the Court allowed former President Donald Trump to temporarily remove leaders from two independent agencies:
- Merit Systems Protection Board: Handles federal employment disputes.
- National Labor Relations Board: Protects private sector workers' rights.
Leah Littman expresses concern over the administration’s repeated attempts to bypass lower court rulings, stating, “They're in luxury resorts with life-size replicas of Hagrid's Hut,” alluding to potential frivolous justifications for administrative actions. She emphasizes that the Court is likely to continue issuing shadow docket orders, citing a recent decision revoking Temporary Protected Status for over 300,000 individuals.
Ongoing Immigration Legal Crisis
[08:05 - 09:45]
Coston brings attention to the escalating constitutional crisis surrounding immigration. A federal judge in Boston has blocked the Trump administration from deporting individuals to countries other than their own without adequate legal challenges. Despite this, the administration has proceeded by transporting migrants to South Sudan, ignoring the court's order.
Leah Littman criticizes the administration's actions, highlighting that officials are circumventing due process: “They are doing the exact thing the United States Supreme Court just told them they cannot do.” She fears the lack of enforcement against administration officials could lead to continued violations of court orders.
Justice Department Charges in Israeli Embassy Killings
[11:38 - 15:46]
Interim U.S. Attorney for the District of Columbia, Jeanine Pirro, announces charges against the suspect responsible for the fatal shooting of two Israeli embassy staff members in Washington D.C. The victims, Jeroen Leshinsky (Israeli) and Sarah Milgram (American), were killed outside the Capitol Jewish Museum. Surveillance footage captured the suspect declaring, “I did it for Palestine, I did it for Gaza,” while claiming to be unarmed.
Pirro states, “Violence against anyone based on their religion is an act of cowardice... Anti-Semitism will not be tolerated, especially in the nation's capital.” The case is being investigated as both a hate crime and an act of terrorism.
Palestinian Humanitarian Crisis and Aid to Gaza
[14:15 - 15:32]
The podcast updates listeners on the dire situation in Gaza, where Palestinian Health Minister Majid Abu Ramadan reports that 29 children and elderly individuals have died from starvation-related causes over two days. Israeli airstrikes have killed at least 52 more Palestinians. Despite Israel's three-month blockade on Gaza, minimal aid has recently been allowed, with 90 truckloads entering the region. However, the United Nations Office for the Coordination of Humanitarian Affairs criticizes the aid as insufficient, emphasizing the urgent need for more substantial support.
Representative Lamonica McIver's Legal Troubles
[15:32 - 16:49]
The episode covers the legal issues faced by Representative Lamonica McIver, a New Jersey Democrat charged with assaulting officers at an immigration detention center. These charges arose during an oversight visit where tensions escalated, leading to her being slapped with felony counts of assaulting and intimidating federal officials. Contradicting the charges, video evidence released by the Department of Homeland Security seems to show McIver being forcefully moved, prompting questions about the validity of the charges.
McIver voiced her frustration, stating, “Our democracy is at stake here... This is a situation where we have a president who is taking away the basic things that we love about America.”
US Treasury to Phase Out the Penny
[16:49 - 17:44]
Jane Coston discusses the U.S. Treasury's decision to stop producing new pennies by early 2026, citing the high production cost as the primary reason. President Donald Trump advocated for this change, noting that producing a penny costs more than its face value. The Treasury aims to save over $56 million annually by eliminating the penny. Historically, pennies have been in circulation since 1793, with Abraham Lincoln's image first appearing in 1909.
Climate Crisis and the Four-Day Work Week
[17:45 - 22:23]
Shifting focus to climate change, Coston introduces Anya Zolajowski, Crooked Media’s climate correspondent, to discuss the proposal of a four-day work week as a strategy to mitigate environmental impact. Zolajowski explains that reducing workdays can lower carbon emissions by decreasing commuting and energy use in office spaces. Studies from the UK indicate that a standardized four-day work week could reduce the country's carbon footprint by 127 million tons annually, comparable to removing 27 million cars from the roads.
She emphasizes that the environmental benefits are coupled with increased productivity and worker well-being. However, Zolajowski acknowledges the need for equitable implementation across different professions to ensure widespread benefits.
Conclusion
Jane Coston wraps up the episode by promoting Crooked Media's other platforms and upcoming content, including Leah Littman's podcast Strict Scrutiny. She reiterates the importance of staying informed and encourages listeners to subscribe and share the podcast.
This summary captures the key discussions and insights from the "SCOTUS Deadlocks On Major Religion Case" episode of What a Day by Crooked Media. For a deeper dive into each topic, listening to the full episode is recommended.