The Supreme Court has scheduled its October and November 2026 arguments, with cases involving climate-related lawsuits, prolonged immigration detention, religious participation in Colorado’s preschool program, federal inmate medical claims and other disputes set for the opening months of the new term.
By yourNEWS Media Newsroom
The Supreme Court has finalized its argument calendars for October and November 2026, placing disputes over climate liability, immigration detention, religious freedom, veterans’ law, retirement plans and federal prisoner rights among the first cases the justices will hear in the new term.
Arguments will begin Monday, Oct. 5, with Suncor Energy (U.S.A.) Inc. v. Commissioners of Boulder County, a climate-related lawsuit brought by Boulder County, Colorado, against oil and gas companies.
The county is seeking millions of dollars and alleges that conduct by the companies contributed to climate change and produced harms within the local community.
The dispute will be followed the same day by Johnson v. United States Congress, which concerns the Veterans’ Judicial Review Act.
The Court will turn to retirement-plan law on Oct. 6 in Anderson v. Intel Corp. Investment Policy Committee. That case involves the Employee Retirement Income Security Act, or ERISA, and questions surrounding fiduciary obligations in employer-sponsored retirement plans.
On Oct. 7, the justices will hear Department of the Air Force v. Prutehi Guahan, a dispute addressing the extent of federal agency authority.
The October session resumes Oct. 13 with Beaird v. United States and Genalo v. Black.
Genalo will place a significant constitutional question involving immigration detention before the Court: whether a noncitizen may be held for an extended period during civil immigration proceedings without receiving a bond hearing.
The case involves a lawful immigrant from the Dominican Republic who spent 21 months in detention during deportation proceedings following an assault conviction.
The justices will consider whether civil immigration detention can continue for so long that the Due Process Clause requires the government to provide a bond hearing. If such a hearing is constitutionally required, the Court will also consider whether federal authorities must demonstrate by clear and convincing evidence that continued detention is justified.
The October sitting will conclude Oct. 14 with Salazar v. Paramount Global, a civil litigation case.
The Court’s November schedule will bring additional disputes involving religious exercise and the ability of federal inmates to seek damages against government officials.
Among them is St. Mary Catholic Parish v. Roy, which stems from Colorado’s universal preschool program.
The Catholic preschool at the center of the case sought an exemption from rules requiring schools participating in the state program to accept all applicants, including LGBTQ children and children whose parents are LGBTQ.
Colorado denied the exemption, and a federal appeals court ruled in favor of the state.
That court relied on Employment Division v. Smith, the Supreme Court’s 1990 decision holding that laws that are neutral and generally applicable do not violate the Constitution simply because they impose a burden on religious exercise.
The justices will now consider whether Colorado unlawfully discriminated against the Catholic preschool by excluding it from the universal preschool program under those circumstances.
Another November case, Nielsen v. Watanabe, will examine the continuing reach of Bivens v. Six Unknown Named Agents, the Court’s 1971 decision recognizing that individuals may, in certain circumstances, seek monetary damages from federal officials for constitutional violations even when Congress has not expressly created such a cause of action.
The case was brought by a federal inmate who alleges prison officials failed to respond adequately after he fractured his coccyx and repeatedly requested medical care.
Watanabe is attempting to pursue his claim under Bivens, but the Supreme Court has substantially restricted the circumstances in which such lawsuits may proceed during the decades since the 1971 ruling.
The federal government argues that Watanabe’s case falls outside the limited categories in which a Bivens damages action remains available and should therefore be dismissed.
The October and November calendars account for only part of the Supreme Court’s 2026-27 docket.
The justices have already agreed to hear several additional prominent cases that have not yet been assigned argument dates. Those disputes will be placed on later calendars as the term advances.
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