Might prohibiting religious charter schools amount to an illegal form of discrimination under the Constitution? The Supreme Court may eventually have to answer that question. “Charter schools are the next frontier,” Preston Green, an education law professor at the University of Connecticut, previously told Chalkbeat.

But as the first Black woman on the court, Jackson would likely be more attuned to issues of race and gender as reflected in school dress codes or restrictions on Black hairstyles like braids, and she might see “discrimination that maybe another justice might not,” said Preston Green, an education professor at the University of Connecticut.

Preston Green, at the University of Connecticut, said there’s more at stake than the rights of students attending charter schools, which have continued to experience growth through the pandemic. If charters are not state actors, it would be easier for them to exclude some students, he said.