SUMMER 2026 CASES AND DATES

In 2021, the Colorado General Assembly enacted an ambitious program providing universal preschool free of charge for all children in the state. To participate in the program, preschools must agree to enroll children regardless of the students’ or parents’ sexual orientation and gender identity. The Archdiocese of Denver operates thirty-six Catholic preschools in Colorado. It refused to agree to the nondiscrimination requirement. The Archdiocese and several Catholic preschools sued the state, arguing the nondiscrimination requirement violates their rights under the Free Exercise Clause of the First Amendment. This case will determine whether a school-funding program with a nondiscrimination requirement, which applies to all preschools seeking funding, nevertheless violates the Free Exercise Clause.

This case asks whether the Clean Air Act preempts state tort claims, where plaintiffs do not ask for a change in emissions standards or an injunction but instead seek only compensation for the costs of mitigating climate change. The City and County of Boulder, Colorado, brought this action against Suncor Energy and ExxonMobil, seeking damages for public and private nuisance, trespass, unjust enrichment, and civil conspiracy. The local governments argue defendants intentionally misrepresented and failed to disclose material information concerning fossil fuel related harm. The energy companies argue this claim is preempted by the Clean Air Act, under a field and conflict preemption theory. A handful of state and federal courts have considered this issue, creating a split that the U.S. Supreme Court will now resolve.