Supreme Court Sets Election Day Hearing in Colorado Preschool Case
The Supreme Court’s November 3 arguments will include a challenge by Catholic schools to Colorado’s universal preschool program, which requires publicly funded providers to serve families without discrimination based on protected status. St. Mary Catholic Parish in Littleton says the requirement violates its religious rights because it will not agree to serve LGBTQ families. The state says the rule applies equally to religious and secular preschools receiving public funds.
Legal expert Lisa Graves criticized the decision to schedule the case for Election Day, arguing that the timing could energize the court’s conservative supporters. She said the dispute is being cast as a religious-freedom issue rather than a question of discrimination. The case is expected to be discussed in Catholic churches before the election, Graves and Legal AF host Michael Popok said. Graves predicted the court’s arguments would not signal much uncertainty about the outcome.
On October 27, the justices declined to halt a nationwide ruling that struck down a Biden-era policy allowing immigration judges to pause removal proceedings in some circumstances. Centro Legal de la Raza and three cities argued that Texas and the Trump administration had joined forces to challenge the policy, and warned that leaving the ruling in place could encourage similar lawsuits. No justice publicly dissented from the court’s decision to deny their application.
The court also asked Hillary Clinton to respond to Donald Trump’s effort to revive his civil lawsuit against her and others over their conduct before the 2016 election. The request does not mean the court will hear the case; four justices must vote to take it up. A decision on whether to add the appeal to the court’s docket could come later this term.
Election Day Hearing Puts LGBTQ Rights Against Religious Exemption Claims
The Supreme Court has placed a consequential dispute over LGBTQ families’ access to publicly funded preschool on its November 3 calendar, Election Day. St. Mary Catholic Parish in Littleton challenges Colorado’s requirement that providers receiving public funds serve families without discrimination based on protected status. The state says the rule applies to religious and secular preschools alike.
Legal expert Lisa Graves argues the Election Day timing could energize the court’s conservative supporters, and says the case is being framed as religious freedom rather than discrimination. The stakes are clear: whether a provider can take public funding while refusing to serve LGBTQ families. Graves and Legal AF host Michael Popok said the case could become a subject of discussion in Catholic churches before voters go to the polls.
The court also declined, on October 27, to halt a nationwide ruling against a Biden-era policy giving immigration judges discretion to pause removal proceedings. Centro Legal de la Raza and three cities said Texas and the Trump administration had joined forces to challenge the policy and warned that allowing the ruling to stand could encourage more such lawsuits. No justice publicly dissented.
In another matter, the court requested a response from Hillary Clinton to Donald Trump’s bid to revive his civil lawsuit concerning the 2016 election. The request is not a decision to hear the case: four justices must support review, and the court could decide later this term whether to take it up.
Supreme Court Takes Up Colorado’s Religious Freedom Dispute
The Supreme Court will hear a challenge to Colorado’s universal preschool rules on Election Day, November 3. St. Mary Catholic Parish in Littleton says the state violates its religious rights by conditioning public funding on a promise to serve families without discrimination based on protected status. Colorado says the same requirement governs every publicly funded preschool, religious or secular.
Legal expert Lisa Graves has criticized the hearing date, suggesting the court intended to energize its conservative supporters. That is her interpretation of the schedule, not a court statement. The underlying question is whether a state can require religious providers to follow its nondiscrimination rule when they accept public funds. Graves and Legal AF host Michael Popok said the case could be discussed in Catholic churches before the election.
The justices also refused on October 27 to stop a nationwide ruling that invalidated a Biden-era policy allowing immigration judges to pause removal proceedings in some cases. Centro Legal de la Raza and three cities challenged the ruling, arguing Texas and the Trump administration had joined in opposing the policy and warning that similar lawsuits could follow. No justice publicly dissented from the denial.
The court has separately asked Hillary Clinton to respond to Donald Trump’s effort to revive his civil suit over events surrounding the 2016 election. That request does not mean the justices have agreed to hear the case. Four votes are needed to grant review, and the court may decide later this term.
