Supreme Court Will Hear Oral Arguments Today on Challenge to Planned Parenthood Funding Cutoff

The U.S. Supreme Court today will hear oral arguments in Medina v. Planned Parenthood South Atlantic. In the case, the U.S. 4th Circuit Court of Appeals held that Congress conferred an individually enforceable right for Medicaid beneficiaries to freely choose their healthcare provider. It thus affirmed the district court's enjoining of South Carolina's attempted cutoff of Medicaid funds to Planned Parenthood. Links to pleadings and briefs in the case are available on the Supreme Court's docket for the case. Background on the case is discussed by SCOTUSblog. Today's oral arguments will be broadcast live at 10:00 AM at this link. A transcript and audio of the arguments will be posted here by the Supreme court later today.

Media Say Justices Seemed to Favor Catholic Charities Position in Yesterday's SCOTUS Arguments

News media reporting on yesterday's Supreme Court arguments in Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission indicate that the Justices seemed to favor Catholic Charities position that it is unconstitutional to deny it the religious organization exemption in Wisconsin's unemployment compensation law. NPR reported in part:

The U.S. Supreme Court appeared openly doubtful on Monday about Wisconsin's refusal to exempt Catholic Charities from making payments into the state's mandatory unemployment system....

Monday morning's argument started out with some hard questions for Catholic Charities. Justice Elena Kagan asked, "Are you saying … that a group that comes in and says, 'We are a religious group doing religious activities for religious purposes,' qualifies no matter what? That there's no looking behind that at all?"...

If the justices seemed skeptical of the charity's opt-out position, both liberal and conservative justices seemed downright hostile to the state's assertion that Catholic Charities, which serves and employs people of all faiths, and doesn't allow proselytizing, is just like any other non-profit employer and is thus required to pay into the state's unemployment tax system.

Wisconsin assistant solicitor general Colin Roth faced constant interruptions from the bench, but managed to say that the standard imposed by the Wisconsin Supreme Court is that charities may be exempt from paying taxes if their activities involve worship, or religious proselytizing, or religious education. Catholic Charities fulfills none of those functions, he said....

Supreme Court Will Hear Oral Arguments Today on Tax Exemption for Catholic Charities

The U.S. Supreme Court this morning will hear oral arguments in Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission.  In the case, the Wisconsin Supreme Court by a vote of 4-3 held that Catholic Charities Bureau and four of its sub-entities are not entitled to an exemption from the state's unemployment compensation law. (See prior posting.) Catholic Charities' petition for certiorari asks the Supreme Court to decide if Wisconsin violated the 1st Amendment's religion clauses when it held that Catholic Charities activities are primarily charitable and secular so that the statutory religious organization exemption is not available to it. The SCOTUSblog case page has links to the pleadings and briefs filed in the case. The oral arguments will be broadcast live by the Court at 10:00 AM at this page. An audio recording and a written transcript of the oral arguments will be posted later today by the Court on this page.

UPDATE: Here are links to the transcript and audio recording of arguments in the case.

Justice Department in Policy Change Files Amicus Brief Supporting Religious Charter School

 As previously reported, the U.S. Supreme Court has granted certiorari in Oklahoma Virtual Charter School Board v. Drummond and the related case of St. Isidore of Seville Virtual Charter School v. Drummond. In the cases, the Oklahoma Supreme Court held that the state Charter School Board's authorization of a Catholic-sponsored publicly-funded charter school violates Oklahoma statutes, the Oklahoma Constitution and the First Amendment's Establishment Clause. Last week (March 12), the U.S. Acting Solicitor General filed an amicus brief (full text) urging reversal of the Oklahoma Supreme Court. The brief says in part:

... [T]he Free Exercise Clause applies and prohibits Oklahoma from excluding St. Isidore based on its religious observance. 

The United States previously advanced a different view of a charter school’s relationship with a State in Charter Day School, Inc. v. Peltier, 143 S. Ct. 2657 (2023), after this Court called for the views of the Solicitor General regarding whether a charter school’s adoption and enforcement of a student dress code was state action that could potentially violate the Constitution.  The United States contended (Br. 9-14) that the charter school was engaged in state action because it performed an educational function that was traditionally exclusively reserved to the State.  

After the recent change in Administration, the United States has concluded that charter schools do not perform functions exclusively reserved to the State.  More broadly, the state-action inquiry on which the United States focused in Peltier has obvious application to cases asking whether a school violates the Constitution in taking a specific action.  Where, as here, the question is whether a school lacks constitutional protections due to its governmental character, the key consideration is whether the school is itself a governmental entity, created and controlled by the State.  A charter school like St. Isidore does not meet those criteria.

Supreme Court Denies Cert. In Title VII Religioius Discrimination Case

The U.S. Supreme Court today denied review in Hittle v. City of Stockton, California, (Docket No. 24-427, certiorari denied 3/10/2025). Justice Thomas, joined by Justice Gorsuch, filed an opinion dissenting from the denial of cert. In the case, the U.S. 9th Circuit Court of Appeals affirmed a district court's dismissal of a religious discrimination suit under Title VII and the California Fair Employment and Housing Act brought by the city's former Fire Chief.  Among the several reasons given to plaintiff by the city for his dismissal was his attendance at a Christian religious leadership event on city time and with use of a city vehicle, and his approval for three other Department employees to also attend. (See prior posting.) In his dissent, Justice Thomas said in part:

I would have taken this opportunity to revisit McDonnell Douglas and decide whether its burden-shifting framework remains a workable and useful evidentiary tool.

CNN reports on the denial of review.

Supreme Court Grants Certiorari in Conversion Therapy Ban Case

The U.S. Supreme Court today granted review in Chiles v. Salazar, (Docket No. 24-539, certiorari granted 3/10/2025).  In the case, the U.S. 10th Circuit Court of Appeals in a 2-1 decision held that Colorado's Minor Conversion Therapy Law that bans mental health professionals from providing conversion therapy to minors does not violate the free speech or free exercise rights of mental health professionals. (See prior posting.) The petition for certiorari raises only the free speech issue. The SCOTUSblog case page for the case contains links to pleadings in the case. AP reports on the grant of review.

Certiorari Denied in Abortion Buffer Zone Challenge

Yesterday, the U.S. Supreme Court denied review in Coalition Life v. City of Carbondale, Illinois, (Docket No. 24-57, certiorari denied 2/24/2025) (Order List.) In the case, the U.S. 7th Circuit Court of Appeals upheld a city ordinance creating a buffer zone around abortion clinics in which sidewalk counselors may not approach closer than 8 feet to those accessing the clinic. The 7th Circuit said it was bound by the Supreme Court's 2000 decision in Hill v. Colorado.  Justice Thomas filed a dissenting opinion saying in part:

Following our repudiation in Dobbs, I do not see what is left of Hill. Yet, lower courts continue to feel bound by it.  The Court today declines an invitation to set the record straight on Hill’s defunct status.  I respectfully dissent.

Cert. Granted in Appointments Clause Case; Underlying Issue Is Religious Objection to Insurance Coverage Mandate

The U.S. Supreme Court yesterday granted review in Becerra v. Braidwood Management, Inc., (Docket No. 24-316, certiorari granted 1/10/2025).  (Order List). The issue before the Supreme Court set out in the petition for certiorari is whether the structure of the U.S. Preventive Services Task Force violates the Appointments Clause of the Constitution. Health insurance plans are required to cover without cost sharing various preventive services recommended by the Task Force and by two other advisory bodies. As explained in the 5th Circuit opinion being reviewed, plaintiffs object on religious grounds to providing the Task Force's mandated insurance coverage for pre-exposure drugs that prevent the transmission of HIV. Plaintiffs contend that this coverage makes them complicit in facilitating homosexual behavior, drug use and sexual activity outside of marriage. UPI reports on the Court's action.

UPDATE: on January 13, the Court denied certiorari sought by a conditional cross-petition in the case. Braidwood Management, Inc. v. Becerra, (Docket No. 24-475, certiorari denied 1/13/2025). (Order List.)

Cert Granted on Whether Medicaid Beneficiary Can Challenge Cutoff of Funds to Planned Parenthood

The U.S. Supreme Court yesterday granted review in Kerr v. Planned Parenthood, (Docket No. 23-1275, certiorari granted 12/18/2024) on the question of whether individual Medicaid beneficiaries have a private right of action to enforce the Medicaid Act’s any-qualified provider provision. The case arises from a challenge to South Carolina's termination of Medicaid funding to Planned Parenthood. This was Question 1 presented by the petition for certiorari, the issue on which the Supreme Court granted review. Here is the SCOTUSblog case page with links to pleadings and briefs in the case.

Supreme Court Grants Review of Wisconsin's Denial of Unemployment Comp Exemption for Catholic Charities

Yesterday, the U.S. Supreme Court granted review in Catholic Charities Bureau, Inc. v. Wisconsin Labor Review Commission, (Docket No. 24-154, certiorari granted 12/13/2024). (Order List). In the case, the Wisconsin Supreme Court by a vote of 4-3 held that Catholic Charities Bureau and four of its sub-entities are not entitled to an exemption from the state's unemployment compensation law. (See prior posting.) Catholic Charities' petition for certiorari asks the Supreme Court to decide if Wisconsin violated the 1st Amendment's religion clauses when it held that Catholic Charities activities are primarily charitable and secular so that the statutory religious organization exemption is not available to it. The SCOTUSblog case page has links to the pleadings and briefs filed in the case.

Supreme Court Denies Cert. In Dispute Over Standing to Challenge School Gender Identity Support Policy

On Monday, the U.S. Supreme Court denied review in Parents Protecting Our Children, UA v. Eau Claire Area School District, Wisconsin, (Sup. Ct., certiorari denied 12/9/2024). In the case, the U.S. 7th Circuit Court of Appeals held that a parents' organization lacked standing to challenge a school district's policy on Gender Identity Support for students. The Supreme Court denied certiorari over the dissents of Justices Kavanaugh, Alito and Thomas.  In a dissenting opinion written by Justice Alito and joined by Justice Thomas. Justice Alito said in part:

This case presents a question of great and growing national importance: whether a public school district violates parents’ “fundamental constitutional right to make decisions concerning the rearing of ” their children ... when, without parental knowledge or consent, it encourages a student to transition to a new gender or assists in that process. We are told that more than 1,000 districts have adopted such policies....

I am concerned that some federal courts are succumbing to the temptation to use the doctrine of Article III standing as a way of avoiding some particularly contentious constitutional questions....

Advocate reports on the Court's action.

Supreme Court Will Hear Arguments Today on Tennesse Ban of Gender Affirming Medical Treatment for Minors

The U.S. Supreme Court this morning will hear oral arguments in United States v. Skrmetti. The case involves a challenge to Tennessee's ban on chemical, hormonal and surgical treatments of minors for gender dysphoria. In the case, the U.S. 6th Circuit Court of Appeals rejected Equal Protection and Due Process challenges to the law. A central issue in today's arguments will be whether transgender classifications trigger heightened scrutiny. SCOTUSblog has an extensive discussion of the issues in the case. More than 80 amicus briefs have been filed in the case. Links to all of them and additional pleadings in the case are available at the SCOTUSblog case page for the case.

Oral arguments will be streamed live at this link beginning at 10:00 AM. Argument audio will be archived at this link. A written transcript of the oral arguments will be available later today at this link.

Certiorari Denied in Challenge To West Virginia's Ban on Transgender Girls on Girls' Sports Teams

The U.S. Supreme Court yesterday denied review in West Virginia Secondary School Activities Commission v. B. P. J., (Docket No. 24-44, certiorari denied 11/18/2024). (Order List.)  In the case the U.S. 4th Circuit Court of Appeals in a 2-1 decision held that the West Virginia Save Women's Sports Act violates Title IX on the facts of the case before it and remanded for further findings on whether the Act as applied to transgender girls violates the Equal Protection Clause.

UPDATE: The certiorari petition which the Court acted on here only raised the question of whether the Secondary School Activities Commission is a state actor. A cert. petition raising the Title IX and Equal Protection issues is still pending before the Court.

Certiorari Filed with Supreme Court in Challenge to Colorado Conversion Therapy Ban

 A petition for certiorari (full text) was filed with the U.S. Supreme Court last Friday in Chiles v. Salazar, (Sup. Ct., cert. filed 11/8/2024). In the case, the U.S. 10th Circuit Court of Appeals in a 2-1 decision held that Colorado's Minor Conversion Therapy Law that bans mental health professionals from providing conversion therapy to minors does not violate the free speech or free exercise rights of mental health professionals. (See prior posting.) ADF issued a press release announcing the filling of the petition for review.

Certiorari Denied in Dispute Over Standing to Challenge Covid Restrictions on Churches

The U.S. Supreme Court today denied review in Grace Bible Fellowship v. Polis, (Docket No. 24-226, certiorari denied 10/15/2024). (Order List). (Certiorari petition). In the case, the U.S. 10th Circuit Court of Appeals (10th Circuit opinion) held that plaintiffs lacked standing to obtain prospective declaratory relief in their challenge to Colorado's authority to impose public health restrictions on houses of worship.

Cert. Denied in Alabama Frozen Embryo Case

Among the hundreds of cases in which the U.S. Supreme Court denied review on Monday was Center for Reproductive Medicine v. Burdick-Aysenne, (Sup. Ct., Docket No. 24-127, certiorari denied, Oct. 7, 2024). (Order List). In the case, the Alabama Supreme Court held, by a vote of 7-2, that Alabama's Wrongful Death of a Minor Act covers the negligent destruction of frozen embryos created during IVF treatment and kept in a clinic's cryogenic nursery. (See prior posting.) AP reports on the Court's denial of review.

Cert. Petition Filed in Oklahoma Religious Charter School Case

A petition for certiorari (full text) was filed yesterday with the U.S. Supreme Court in Oklahoma Statewide Charter School Board v. Drummond, (Sup. Ct., cert. filed 10/7/2024). In the case, the Oklahoma Supreme Court held that the state Charter School Board's authorization of a Catholic sponsored publicly-funded charter school violates Oklahoma statutes, the Oklahoma Constitution and the First Amendment's Establishment Clause. (See prior posting.) The petition for review contends that exclusion of religious schools from the state's charter school program violates the 1st Amendment's free exercise clause and that religious instruction by a state-funded charter school does not constitute state action. ADF issued a press release announcing the filing of the petition for review.

U.S. Supreme Court Opens New Term with Cert. Denials; Red Mass Yesterday

The U.S. Supreme Court's new term began today. Yesterday in Washington the annual Red Mass marking the opening of the Supreme Court's new term-- hosted by the D.C. Archdiocese and the John Carroll Society-- was held at the Cathedral of St. Matthew the Apostle. (Video of full Red Mass). According to the Washington Post, Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett were in attendance.

Today, the Supreme Court issued its typical very lengthy first Order List of the Term, denying review in several hundred cases.  Among them were:

Becerra v. State of Texas, (Docket No. 23-1076, certiorari denied 10/7/2024). In the case, the U.S. 5th Circuit Court of Appeals affirmed an injunction issued by a Texas federal district court barring enforcement of a Guidance document on emergency abortion care issued by the Department of Health and Human Services. (See prior posting.) The HHS Guidance to hospitals (and accompanying Letter) stated that the federal Emergency Medical Treatment & Labor Act requires hospital emergency rooms to perform certain abortions, even when they violate Texas law, when an abortion is the stabilizing treatment necessary to resolve an emergency medical condition. AP reports on the denial of review.

Young Israel of Tampa v. Hillsborough Regional Transit, (Docket No. 23-1276, certiorari denied 10/7/2024). In the case, the U.S. 11th Circuit Court of Appeals held unconstitutional a public transit agency's policy on the sale of advertising space on its vehicles and property.  (See prior posting.) The agency prohibited ads that "primarily promote a religious faith or religious organization." Applying this policy, the transit agency rejected an ad from plaintiff promoting a "Chanukah on Ice" event.

Hile v. State of Michigan, (Docket No. 23-1084, certiorari denied 10/7/2024). In the case, the U.S. 6th Circuit Court of Appeals held that an amendment placed in the Michigan Constitution in 1970 that prohibits public funds from being used to aid private or religious schools does not violate the equal protection rights of parents who cannot use Michigan Educational Savings Program to send their children to religious schools. (See prior posting.) The Hill reports on the Supreme Court's action.

Tribe Seeks Supreme Court Review of Transfer of Sacred Site to Mining Company

A petition for certiorari (full text) was filed this week with the U.S. Supreme Court in Apache Stronghold v. United States, (Sup. Ct., filed 9/11/2024). In the case, the U.S. 9th Circuit Court of Appeals sitting en banc, by a vote of 6-5, refused to enjoin the government from transferring to a copper mining company federally-owned forest land that is of significant spiritual value to the Western Apache Indians. (See prior posting.) The petition for review raises issues under both RFRA and the 1st Amendment's Free Exercise clause. Becket Fund issued a press release announcing the filing of the petition seeking Supreme Court review.

Supreme Court Refuses to Lift Preliminary Injunction Against DOE's Title IX Changes

 In Department of Education v. Louisiana, (US Sup. Ct., Aug. 16, 2024), the U.S. Supreme Court refused to stay preliminary injunctions that two district courts issued to prevent enforcement of the Department of Education's new rules under Title IX. The new rules, in part, expand the definition of sex discrimination under Title IX to include discrimination on the basis of sexual orientation and gender identity. All the Justices agreed that the injunctions should remain in place as to this portion of the new rules. Justice Sotomayor, joined by Justices Kagan, Gorsuch and Jackson would have allowed other portions of the new rules to go into effect. Liberty Counsel issued a press release announcing the court's decision.