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## SCOTUS – Catholic Preschool Exclusion from Universal Pre-K Programs (2026) ### Overview The Supreme Court has repeatedly relisted a cert petition involving the exclusion of a Catholic preschool from a universal pre-K program, according to SCOTUSblog's Relist Watch (SCOTUSblog, April 2026). The case may prompt the Court to revisit — for the third or fourth time — major religious precedent governing state exclusions of religious institutions from publicly funded programs. ### Legal Background The case follows a line of Supreme Court decisions progressively expanding religious institutions' access to public benefit programs: - **Trinity Lutheran v. Comer (2017)**: State could not exclude religious school from playground resurfacing grant program. - **Espinoza v. Montana (2020)**: States could not exclude religious schools from scholarship programs. - **Carson v. Makin (2022)**: Maine could not exclude religious schools from tuition assistance programs. The current petition reportedly involves a Colorado universal pre-K program from which a Catholic preschool was excluded, allegedly on religious grounds (SCOTUSblog, April 2026). ### Relisting Significance Multiple relists typically signal the Court is seriously considering granting certiorari, or that Justices are writing a dissent from denial. Given the doctrinal trajectory, a grant would likely result in further expansion of the *Establishment Clause* vs. *Free Exercise* balance in favour of religious institutional access to public funds. ### Strategic Relevance - **Education law**: A ruling could mandate inclusion of religious providers in universal pre-K, childcare subsidies, and other broadly available public education programs nationwide. - **Church-state law**: Would represent the fourth major recalibration of Establishment Clause doctrine in under a decade. - **State governments**: Would affect the design of universal childcare and early education programs in all 50 states. ### Connections - SCOTUS – Seventh Amendment Jury Trial Rights in FCC Regulatory Proceedings (2026) - SCOTUS – Birthright Citizenship & the 'Domicile' Question (2026)