The bid to create the nation’s first publicly funded religious charter school fell flat at the Supreme Court this week, but advocates believe it leaves them with a path forward.

Conservative Justice Amy Coney Barrett recused herself from the court’s 4-4 deadlocked decision, suggesting she could provide the crucial fifth vote in a similar case down the road.

With the justices releasing no opinions to dissuade another shot at the Supreme Court, groups on both sides of the issue are expecting a Round 2.

“Obviously, the outcome here was in part because there were only eight justices. Justice Barrett did not participate here. That might not be the case in a future case, but we don't know of the of the eight justices who did participate ... we don't know who took what position,” said Thomas Jipping, a senior legal fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.

“There wasn't a decision, and you can't infer anything from silence,” he added.

For months, the fate of St. Isidore of Seville Catholic Virtual School in Oklahoma rested with the Supreme Court. The state’s top court had voided the school’s contract as unconstitutional.

When the justices announced in January they would review that ruling, Barrett indicated she wouldn’t be participating.

She did not publicly explain her recusal, but court watchers believe it stems........

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