Research checked 27 September 2026 · Official docket
The competing views
Strict scrutiny requires a compelling government interest and narrow tailoring. The accepted questions concern general applicability and religious access to public benefits. The Court did not grant the separate request to overrule Employment Division v. Smith outright.
The schools argue that permitted secular distinctions and administrative discretion undermine general applicability. They also say religious access to public benefits deserves protection even without an explicit religious exclusion.
Colorado says specialised provision for low-income children and children with disabilities advances equal opportunity rather than creating comparable exemptions. It defends the conditions as neutral and generally applicable.
Original summaries of submissions, not findings of fact.
Procedural history
- 20 April 2026
Review granted on questions 1 and 2 only
- 25 June 2026
Schools file their merits brief
- 17 August 2026
Colorado officials file their merits brief
- 3 November 2026
Oral argument scheduled
Research & materials
Official case docket (opens in new tab)Questions presented (opens in new tab)Petitioners’ filing (opens in new tab)Respondents’ filing (opens in new tab)Court links open official materials; scheduled arguments are not transcripts.
Case updates
Research and argument schedule checked
The docket records argument scheduled for 3 November 2026. This is a dated research update, not a live feed.
Update source (opens in new tab)Merits brief filed
The official docket records this procedural event. Docket entry dated 2026-08-17; checked 2026-09-26.
Update source (opens in new tab)Oral argument scheduled
The official docket schedules oral argument for 2026-11-03. Dates may change. Docket entry dated 2026-08-11; checked 2026-09-26.
Update source (opens in new tab)