When the justices take the bench for oral arguments on Wednesday, one seat will be empty: Justice Amy Coney Barrett, the junior member of the court’s conservative supermajority, has recused herself from the case, which means she will not take part in the oral arguments, deliberations or vote.
The justice did not provide an explanation for her recusal, but it may have to do with her close friendship with Nicole Stelle Garnett, a professor at Notre Dame Law School who was an early adviser for St. Isidore of Seville Catholic Virtual School, the school involved in the dispute.
The two clerked together on the Supreme Court in the late 1990s, and then became neighbors in South Bend, Ind., and colleagues for many years at Notre Dame. Their families are close, and Justice Barrett is the godmother to one of Ms. Garnett’s children.