Rick Garnett and I recently congratulated (in this space) Judge Michael McConnell for his lucid and correct opinion in a lawsuit brought by Colorado Christian College. At issue was a state law which excluded any (so-called) “pervasively sectarian” college from Colorado’s higher education scholarship program. The federal district court dismissed CCU’s case. But the college prevailed before the Tenth Circuit. There McConnell gave the whole concept of “pervasively sectarian” a much-deserved beating.
Last Friday, Colorado authorities announced that they would not seek review of that decision in the United States Supreme Court. The very able Solicitor General who argued the case for Colorado, Dan Domenico, made that sensible recommendation. Fortunately, the state Department of Higher Education accepted it. Domenico said that they “presented the strongest case we could to the court.” But, he added, they now “look forward to working with interested parties to craft a solution that complies with the court’s decision.”
The press release is here.