Having only eight justices on hand, the U.S. Supreme Court reached a 4-4 tie yesterday on the question of the constitutionality of religious charter schools. The result leaves in place a ruling by the Oklahoma Supreme Court that the proposed St. Isidore of Seville Catholic Virtual School is unconstitutional.

It is not known how each justice voted, or how Justice Amy Coney Barrett, who recused herself from the proceedings, would have voted had she been present.

Because the tie does not amount to a legal decision that establishes precedent, it is entirely possible another case on the issue could be brought in the future. Stay tuned...

The U.S. House of Representatives passed a massive package of legislation yesterday that included the Educational Choice for Children Act (ECCA), a proposal to create the first national tax credit scholarship program.

Under the ECCA, donors to nonprofit scholarship granting organizations would receive a federal tax credit. The donated funds would be used for scholarships for low and middle income families for private school tuition and other educational purposes.

The good news of this historic development was mingled with disappointment, as "poison pill" language was added at the behest of school choice opponents that would severely inhibit private school participation in the program.

The legislation now moves to the Senate, where it is hoped the problematic ECCA provisions can be removed.