Roberts might hold key Supreme Court vote over first publicly funded religious charter school

WASHINGTON (AP) — Chief Justice John Roberts appears to hold the key vote over whether the Supreme Court will allow the nation's first publicly funded religious charter school in Oklahoma.

Roberts was the only justice whose vote seemed in doubt after the court heard more than two hours of arguments Wednesday in a major culture-war clash involving the separation of church and state.

The court seemed otherwise deeply divided.

Four other conservative justices seemed firmly on the side of the St. Isidore of Seville Catholic Virtual School and the state charter school board that approved it.

“They’re not asking for special treatment, not asking for favoritism,” Justice Brett Kavanaugh said. “They’re just saying, ’Don’t treat us worse because we’re religious.”

The three liberal justices seemed just as likely to vote to affirm an Oklahoma Supreme Court ruling that held that the taxpayer-funded school would entangle church and state in violation of the First Amendment.

“Charter schools are in every respect equivalent to regular public schools,” Justice Elena Kagan said.

Justice Amy Coney Barrett recused herself without explanation. Barrett previously taught law at Notre Dame and is close friends with Notre Dame law professor Nicole Garnett, a leading proponent of publicly funded religious charter schools.

If Roberts sides with the liberals, the court would be tied 4-4, an outcome that would leave the state court decision in place, but would leave the issue unresolved nationally.

If he joins his conservative colleagues, on the other hand, the court could find that the taxpayer-funded school is in line with a string of high court decisions that have allowed public funds to flow to religious entities. Those rulings were based on a different part of the First Amendment that protects religious freedom.

Roberts wrote the last three of those decisions. He acknowledged at one point that the court had previously ruled that states “couldn't exclude religious participants,” suggesting support for St. Isidore.

But he also said the state's involvement in this case is “much more comprehensive” than in the earlier ones, a point that could lead him in the other direction.

St. Isidore, a K-12 online school, had planned to start classes for its first 200 enrollees last fall, with part of its mission to evangelize its students in the Catholic faith.

Opponents warn a decision to allow the school to open would sap money from public schools and possibly upend the rules governing charter schools in almost every state.

Greg Garre, the lawyer defending the Oklahoma decision, repeatedly urged the justices to consider the broad impact of a ruling for the school.

“This is going to have a dramatic effect on charter schools across the country,” Garre said.

Representing the state charter school board, lawyer James Campbell said Oklahoma's charter school law discriminates against religion by encouraging diversity, but “deeming religion to be the wrong kind of diversity.”

The case comes to the court amid efforts, mainly in conservative-led states, to insert religion into public schools. Those include a challenged Louisiana requirement that the Ten Commandments be posted in classrooms and a mandate from Oklahoma’s state schools superintendent that the Bible be placed in public school classrooms.

St. Isidore, a K-12 online school, had planned to start classes for its first 200 enrollees last fall, with part of its mission to evangelize its students in the Catholic faith.

Opponents warn a decision to allow the school to open would sap money from public schools and possibly upend the rules governing charter schools in almost every state.

The state board and the school are backed by an array of Republican-led states and religious and conservative groups, though the case has divided some of Oklahoma’s Republican leaders.

Gov. Kevin Stitt and Superintendent of Public Instruction Ryan Walters support using public funds for religious schools, while Attorney General Gentner Drummond has opposed the idea and sued to overturn the state board’s approval of St. Isidore.

A key issue in the case is whether the school is public or private. Charter schools are deemed public in Oklahoma and the other 45 states and the District of Columbia where they operate. North Dakota recently enacted legislation allowing for charter schools.

They are free and open to all, receive state funding, abide by antidiscrimination laws and submit to oversight of curriculum and testing. But they also are run by independent boards that are not part of local public school systems.

Just under 4 million American schoolchildren, about 8%, are enrolled in charter schools.

Pamela Smith of Sterling, Va., left, and Tammy-Kay Williams of Fountain Hills, Ariz., right, react as supporters of charter schools rally outside of the Supreme Court on Wednesday, April 30, 2025, in Washington. (AP Photo/Mark Schiefelbein)

Supporters of charter schools rally outside of the Supreme Court on Wednesday, April 30, 2025, in Washington. (AP Photo/Mark Schiefelbein)

Supporters of charter schools rally outside of the Supreme Court on Wednesday, April 30, 2025, in Washington. (AP Photo/Mark Schiefelbein)

Supporters of charter schools rally outside of the Supreme Court on Wednesday, April 30, 2025, in Washington. (AP Photo/Mark Schiefelbein)

FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)

Erika Wright, a mother whose two school-age children attend a rural school district in Cleveland County poses for a portrait at her home in Noble, Okla., on Tuesday, April 15, 2025. (AP Photo/Nick Oxford)

The Archdiocese of Oklahoma City is seen on Thursday, April 17, 2025 in Oklahoma City, Oklahoma. (AP Photo/Nick Oxford)

DUBAI, United Arab Emirates (AP) — U.S. President Donald Trump said Iran wants to negotiate with Washington after his threat to strike the Islamic Republic over its bloody crackdown on protesters, a move coming as activists said Monday the death toll in the nationwide demonstrations rose to at least 544.

Iran had no immediate reaction to the news, which came after the foreign minister of Oman — long an interlocutor between Washington and Tehran — traveled to Iran this weekend. It also remains unclear just what Iran could promise, particularly as Trump has set strict demands over its nuclear program and its ballistic missile arsenal, which Tehran insists is crucial for its national defense.

Meanwhile Monday, Iran called for pro-government demonstrators to head to the streets in support of the theocracy, a show of force after days of protests directly challenging the rule of 86-year-old Supreme Leader Ayatollah Ali Khamenei. Iranian state television aired chants from the crowd, who shouted “Death to America!” and “Death to Israel!”

Trump and his national security team have been weighing a range of potential responses against Iran including cyberattacks and direct strikes by the U.S. or Israel, according to two people familiar with internal White House discussions who were not authorized to comment publicly and spoke on condition of anonymity.

“The military is looking at it, and we’re looking at some very strong options,” Trump told reporters on Air Force One on Sunday night. Asked about Iran’s threats of retaliation, he said: “If they do that, we will hit them at levels that they’ve never been hit before.”

Trump said that his administration was in talks to set up a meeting with Tehran, but cautioned that he may have to act first as reports of the death toll in Iran mount and the government continues to arrest protesters.

“I think they’re tired of being beat up by the United States,” Trump said. “Iran wants to negotiate.”

He added: “The meeting is being set up, but we may have to act because of what’s happening before the meeting. But a meeting is being set up. Iran called, they want to negotiate.”

Iran through country's parliamentary speaker warned Sunday that the U.S. military and Israel would be “legitimate targets” if America uses force to protect demonstrators.

More than 10,600 people also have been detained over the two weeks of protests, said the U.S.-based Human Rights Activists News Agency, which has been accurate in previous unrest in recent years and gave the death toll. It relies on supporters in Iran crosschecking information. It said 496 of the dead were protesters and 48 were with security forces.

With the internet down in Iran and phone lines cut off, gauging the demonstrations from abroad has grown more difficult. The Associated Press has been unable to independently assess the toll. Iran’s government has not offered overall casualty figures.

Those abroad fear the information blackout is emboldening hard-liners within Iran’s security services to launch a bloody crackdown. Protesters flooded the streets in the country’s capital and its second-largest city on Saturday night into Sunday morning. Online videos purported to show more demonstrations Sunday night into Monday, with a Tehran official acknowledging them in state media.

In Tehran, a witness told the AP that the streets of the capital empty at the sunset call to prayers each night. By the Isha, or nighttime prayer, the streets are deserted.

Part of that stems from the fear of getting caught in the crackdown. Police sent the public a text message that warned: “Given the presence of terrorist groups and armed individuals in some gatherings last night and their plans to cause death, and the firm decision to not tolerate any appeasement and to deal decisively with the rioters, families are strongly advised to take care of their youth and teenagers.”

Another text, which claimed to come from the intelligence arm of the paramilitary Revolutionary Guard, also directly warned people not to take part in demonstrations.

“Dear parents, in view of the enemy’s plan to increase the level of naked violence and the decision to kill people, ... refrain from being on the streets and gathering in places involved in violence, and inform your children about the consequences of cooperating with terrorist mercenaries, which is an example of treason against the country,” the text warned.

The witness spoke to the AP on condition of anonymity due to the ongoing crackdown.

The demonstrations began Dec. 28 over the collapse of the Iranian rial currency, which trades at over 1.4 million to $1, as the country’s economy is squeezed by international sanctions in part levied over its nuclear program. The protests intensified and grew into calls directly challenging Iran’s theocracy.

Nikhinson reported from aboard Air Force One.

In this frame grab from video obtained by the AP outside Iran, a masked demonstrator holds a picture of Iran's Crown Prince Reza Pahlavi during a protest in Tehran, Iran, Friday, January. 9, 2026. (UGC via AP)

In this frame grab from footage circulating on social media from Iran shows protesters taking to the streets despite an intensifying crackdown as the Islamic Republic remains cut off from the rest of the world in Tehran, Iran, Friday, Jan. 9, 2026.(UGC via AP)

In this frame grab from footage circulating on social media from Iran showed protesters once again taking to the streets of Tehran despite an intensifying crackdown as the Islamic Republic remains cut off from the rest of the world in Tehran, Iran, Saturday Jan. 10, 2026. (UGC via AP)