Supreme Court Sets November Oral Argument Schedule

WASHINGTON – The Supreme Court has announced its schedule for oral arguments in November, with sessions planned over five days, beginning November 2 and concluding November 10.

Among the cases scheduled for review is *St. Mary Catholic Parish v. Roy*. This case examines whether Colorado's universal preschool program discriminated against a Catholic preschool by excluding it from participation. The preschool argues that the state should have provided an exemption from rules that would require it to accept all applicants, including LGBTQ children and children of LGBTQ parents. A federal appeals court previously ruled that the state's rules did not violate the Constitution, citing the Supreme Court's 1990 decision in *Employment Division v. Smith*. That decision held that generally applicable and neutral laws do not infringe on religious freedom. The court will consider whether proving a lack of general applicability under *Smith* requires showing unfettered discretion or categorical exemptions for identical secular conduct, and if *Carson v. Makin* displaces *Smith* when the government explicitly excludes religious people and institutions.

The justices will also hear *Nielsen v. Watanabe*, a case involving a federal inmate, Kekai Watanabe. Watanabe claims prison officials failed to provide him with medical treatment for a fractured coccyx following a fight. He bases his lawsuit on the 1971 Supreme Court decision in *Bivens v. Six Unknown Federal Narcotics Agents*, which allowed individuals to sue federal agents for Fourth Amendment violations even without specific authorizing legislation. The federal government argues that Watanabe should not be able to rely on *Bivens*.

Other cases on the November calendar include:

* **Maxwell v. Dinis** (Nov. 2): This case addresses whether an inmate's claim regarding time credits, seeking an accelerated transfer to a halfway house or home confinement under the First Step Act, can be brought as a petition for habeas relief. * **Younge v. Fulton Judicial Circuit District Attorney’s Office** (Nov. 2): The court will consider whether a defendant can introduce an affirmative defense later in legal proceedings if that defense was not included in the initial response to the plaintiff's complaint. * **Guerrero v. Johnson** (Nov. 4): This case concerns whether a death-row inmate's claim of intellectual disability, which would prevent execution, falls within the narrow exceptions allowing a state prisoner to file a second petition for federal post-conviction relief. The state argues the claim could have been raised in an earlier petition. * **Hoffmann v. WBI Energy Transmission, Inc.** (Nov. 9): The court will determine the method for calculating “just compensation” when a private entity uses federal eminent domain power to secure rights of way for natural gas pipelines. * **Department of Labor v. Sun Valley Orchards, LLC** (Nov. 10): This case questions whether the Department of Labor possesses the authority to conduct hearings for collecting money from employers who violate the terms of the visa program for seasonal farm workers.