Attorney General Gentner Drummond, also a Republican, sued to stop the school. He called the 4-4 vote “a resounding victory for religious liberty” that also will ensure that “Oklahoma taxpayers will not be forced to fund radical Islamic schools, while protecting the religious rights of families to choose any school they wish for their children.”

The Supreme Court's justices blocked the creation of the nation's first religious charter school on May 22, reigniting ongoing debates about the separation of church and state in the United States. The justices' split 4-4 decision meant a lower court ruling would stand.