Yesterday the U.S. Supreme Court denied review in Charter Day School, Inc. v. Peltier, (Docket No. 22-238, certiorari denied 6/26/2023). (Order List.) In the case, the U.S. 4th Circuit Court of Appeals sitting en banc in a 10-6 decision (full text of opinions) held that a publicly funded North Carolina charter school is a state actor and thus subject to the equal protection clause. At issue was the school's promulgation of a dress code requiring female students to wear skirts.
