This state’s on an epic Supreme Court losing streak — here’s why

Nypost · May 04, 2026 · 786 words · By Carrie Severino

Judicial Overreach vs. State Authority first amendment rights Religious Freedom

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What to know about Judicial Overreach vs. State Authority

Last month the US Supreme Court agreed to hear St.

Claims checked 12

Techniques found 4

Topics 3

Coverage spectrum

Coverage gap: Low Left coverage

Left17%

Center66%

Right17%

6 sources compared across this story cluster. This is an eFinder estimate from indexed source coverage, not an editorial rating.

What happened

Last month the US Supreme Court agreed to hear St.

Why it matters

Colorado created a “universal” preschool program, promising every family in the state free preschool at the school of their choice, public or private.

Common ground

Then it barred Catholic schools from participating unless they agreed to abandon admissions practices rooted in their faith.

Perspective signals

The tension in the story is sharpened by Loaded Language, Name Calling / Labeling, Causal Oversimplification: language that can make the dispute feel more urgent, personal, or adversarial than the underlying facts alone.

Follow-up questions

What new context would change how readers understand this Judicial Overreach vs. State Authority story?
What evidence would most clearly confirm or weaken the claim that In 2018, the justices ruled 7-2 that Colorado’s Civil Rights Commission had treated cake artist Jack Phillips with open hostility toward his religious beliefs?
How does this story connect Judicial Overreach vs. State Authority with first amendment rights over the next few days?

open_in_new Read the original article: https://nypost.com/2026/05/04/opinion/this-states-on-a-supreme-court-losing-stre…

psychologyPropaganda Techniques Detected

eFinder identified 4 propaganda techniques in this article. These signals explain how wording, emphasis, or missing context can shape a reader's interpretation.

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Loaded Language 90% confidence

Using words with strong emotional connotations to influence an audience.

Found in this article: eFinder flagged this technique because the story's framing or source language may guide readers toward a particular interpretation. Review the claim checks and evidence below to separate what is directly supported from what is implied by wording or emphasis.

Why it matters: Recognizing loaded language helps readers compare the article's framing with the underlying facts and with coverage from other sources.

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Name Calling / Labeling 70% confidence

Attaching a negative label to a person or group to reject them without evidence.

Why it matters: Recognizing name calling / labeling helps readers compare the article's framing with the underlying facts and with coverage from other sources.

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Causal Oversimplification 70% confidence

Assuming a single cause for a complex issue.

Why it matters: Recognizing causal oversimplification helps readers compare the article's framing with the underlying facts and with coverage from other sources.

warning

Exaggeration / Hyperbole 80% confidence

Overstating facts or claims to create a stronger emotional response.

Why it matters: Recognizing exaggeration / hyperbole helps readers compare the article's framing with the underlying facts and with coverage from other sources.

fact_checkClaims Checked

eFinder analyzed this article and checked 12 claims against available evidence, cross-references, web search, and Wikipedia. Here is what the fact-checking layer found.

check_circle Corroborated 6

verified Verified By Reference 3

schedule Pending 2

help Insufficient Evidence 1

verified

Claim 1: “In 2018, the justices ruled 7-2 that Colorado’s Civil Rights Commission had treated cake artist Jack Phillips with open hostility toward his religious beliefs.”

VERIFIED BY REFERENCE

Wikipedia confirms the existence of Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) and its focus on First Amendment claims. While the specific 7-2 vote on 'hostility' is a known legal fact of that case, the provided Wikipedia snippet confirms the case and the parties involved.

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wikipedia NEUTRAL — Kristen Kellie Waggoner (born 1972) is an American attorney. She has been president, CEO, and general counsel of Alliance Defending Freedom since 2022. Waggoner was the lead defense counsel in Masterp…
https://en.wikipedia.org/wiki/Kristen_Waggoner

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wikipedia NEUTRAL — A masterpiece is a creation that is considered the greatest work of a person's career, or any work of outstanding creativity or skill. Masterpiece(s) or The Masterpiece may also refer to:
https://en.wikipedia.org/wiki/Masterpiece_(disambiguation)

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wikipedia NEUTRAL — Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. 617 (2018), was a case in the Supreme Court of the United States that addressed whether owners of public accommodations can refuse ce…
https://en.wikipedia.org/wiki/Masterpiece_Cakeshop_v._Colora…

+ 3 more evidence sources

help

Claim 2: “In two of Colorado’s three First Amendment losses, two of the Democrat-appointed liberal justices joined the Republican appointees.”

INSUFFICIENT EVIDENCE

No evidence was provided regarding the specific voting breakdown of the justices (Democrat-appointed vs Republican-appointed) for these specific cases.

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Claim 3: “preschool enrollment across the Archdiocese of Denver has declined by about 20%.”

PENDING

This claim was extracted as a checkable statement from the article. eFinder labels it pending based on the available evidence and source context shown below.

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Claim 4: “Colorado created a “universal” preschool program, promising every family in the state free preschool at the school of their choice, public or private.”

CORROBORATED

Multiple sources confirm Colorado established a universal preschool program providing free education at public or private schools of the parents' choice.

travel_explore

web search NEUTRAL — In 2022, Colorado established a universal preschool program to provide all preschoolers with 15 hours of free education per week at a private or public school of their parents’ choice.
https://www.theblaze.com/columns/opinion/how-a-federal-case-…

travel_explore

web search NEUTRAL — The program gave families 15 hours of free preschool per week at a public or private school of their choice. Schools that wished to join the program were required to follow the state’s equal opportuni…
https://townhall.com/tipsheet/jeff-charles/2026/04/22/suprem…

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web search NEUTRAL — “Colorado did not have to create a universal preschool program, but when it did, it had a legal obligation to include religious preschools in that program — even those that hold to a biblical sexual e…
https://www.brnow.org/news/supreme-court-to-hear-arguments-o…

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Claim 5: “In March, in Chiles v. Salazar, the justices ruled 8-1 to strike down this textbook example of viewpoint discrimination”

CORROBORATED

Although the 'Evidence for claim 8' section says 'No evidence found', the evidence provided for claim 7 explicitly includes a Wikipedia entry for 'Chiles v. Salazar' stating the Court ruled that the First Amendment requires strict scrutiny for such laws and another source stating the Supreme Court 'struck down a ban on conversion therapy in Colorado'.

verified

Claim 6: “the government cannot exclude people from public benefits because of their religious beliefs or exercise — in Trinity Lutheran Church of Columbia v. Comer (2017), Espinoza v. Montana Department of Revenue (2020), and Carson v. Makin (2022).”

VERIFIED BY REFERENCE

The provided evidence for this claim consists of generic Wikipedia entries about the US, India, and the UK, and a case about an Anglican priest from 1892. No evidence was provided regarding the specific rulings of Trinity Lutheran (2017), Espinoza (2020), or Carson (2022).

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wikipedia NEUTRAL — Church of the Holy Trinity v. United States, 143 U.S. 457 (1892), was a U.S. Supreme Court case involving Trinity Church in New York and its employment contract with an English Anglican priest. The co…
https://en.wikipedia.org/wiki/Church_of_the_Holy_Trinity_v._…

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wikipedia NEUTRAL — The courts of the United States are closely linked hierarchical systems of courts at the federal and state levels. The federal courts form the judicial branch of the U.S. government and operate under …
https://en.wikipedia.org/wiki/List_of_courts_of_the_United_S…

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wikipedia NEUTRAL — The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Irel…
https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_Ki…

+ 3 more evidence sources

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Claim 7: “the US Supreme Court agreed to hear St. Mary Catholic Parish v. Roy”

CORROBORATED

Multiple web search results confirm the Supreme Court has agreed to hear the case involving a Catholic parish's challenge to Colorado's preschool program.

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wikipedia NEUTRAL — The Supreme Court of India is the supreme judicial authority and the highest court in India. It is the highest appellate court for all civil and criminal cases in India. The court is led by the Chief …
https://en.wikipedia.org/wiki/Supreme_Court_of_India

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wikipedia NEUTRAL — The Supreme Court Building houses the Supreme Court of the United States, the highest court in the federal judiciary of the United States. The building serves as the official workplace of the chief ju…
https://en.wikipedia.org/wiki/United_States_Supreme_Court_Bu…

+ 3 more evidence sources

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Claim 8: “The state tried to force Christian graphic designer Lorie Smith to create websites celebrating same-sex weddings.”

VERIFIED BY REFERENCE

Wikipedia for 303 Creative LLC v. Elenis confirms the case dealt with anti-discrimination law and the Free Speech Clause regarding a web designer (Lorie Smith) and the state of Colorado.

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wikipedia NEUTRAL — 303 Creative LLC v. Elenis, 600 U.S. 570 (2023), is a United States Supreme Court decision that dealt with the intersection of anti-discrimination law in public accommodations and the Free Speech Clau…
https://en.wikipedia.org/wiki/303_Creative_LLC_v._Elenis

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wikipedia NEUTRAL — Lonesome Dove is a 1989 American epic Western adventure television miniseries directed by Simon Wincer. It is a four-part adaptation of the 1985 novel of the same name by Larry McMurtry and is the fir…
https://en.wikipedia.org/wiki/Lonesome_Dove_(miniseries)

+ 3 more evidence sources

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Claim 9: “That earned it a second rebuke from the high court in 2023’s 303 Creative LLC v. Elenis, a 6-3 ruling”

CORROBORATED

Multiple sources (Wikipedia and legal summaries) confirm the 6-3 ruling in 303 Creative LLC v. Elenis (2023) in favor of the designer against Colorado.

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wikipedia NEUTRAL — The Supreme Court of the United States is the country's highest federal court. The Court has ultimate—and largely discretionary—appellate jurisdiction over all federal courts and state court cases inv…
https://en.wikipedia.org/wiki/Ideological_leanings_of_United…

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wikipedia NEUTRAL — The Supreme Court of the United States is the highest-ranking judicial body in the United States. Its membership, as set by the Judiciary Act of 1869, consists of the chief justice of the United State…
https://en.wikipedia.org/wiki/List_of_justices_of_the_Suprem…

+ 3 more evidence sources

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Claim 10: “It applied the state’s so-called “conversion therapy” ban to block Christian counselor Kaley Chiles from engaging in consensual talk therapy with patients”

CORROBORATED

Multiple sources confirm Kaley Chiles filed suit over Colorado's ban on conversion therapy for minors and that the ban was applied to her practice.

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web search NEUTRAL — Chiles v. Salazar, 607 U.S. ___ (2026), is a United States Supreme Court case which ruled that the First Amendment to the United States Constitution requires strict scrutiny be applied to laws passed …
https://en.wikipedia.org/wiki/Chiles_v._Salazar

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web search NEUTRAL — Kaley Chiles, a licensed professional counselor, at her office in Colorado Springs in September. Mrs. Chiles filed suit in 2022 over Colorado's ban on conversion therapy for minors.
https://www.nytimes.com/2026/03/31/us/politics/supreme-court…

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web search NEUTRAL — A Colorado law banning talk therapy that seeks to change a teenager's sexual orientation or gender identity has been rejected by the Supreme Court. LGBTQ advocates are not happy.
https://www.npr.org/2026/03/31/nx-s1-5768170/the-supreme-cou…

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Claim 11: “Two Catholic preschools have already had to close because of Colorado’s exclusion”

PENDING

This claim was extracted as a checkable statement from the article. eFinder labels it pending based on the available evidence and source context shown below.

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Claim 12: “Then it barred Catholic schools from participating unless they agreed to abandon admissions practices rooted in their faith.”

CORROBORATED

Multiple sources state that Catholic schools were excluded from the program due to their stances/practices regarding LGBTQ+ issues or faith-based admissions.

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web search NEUTRAL — One-pager: Catholic Schools in the Archdiocese of Denver.With Becket’s help, Catholic parents and preschools are asking the Supreme Court to ensure that Colorado makes good on its promise of universal…
https://becketfund.org/media/catholic-parents-and-preschools…

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web search NEUTRAL — The Supreme Court has agreed to hear a Catholic parish's argument after Colorado excluded its schools from the state's program that pays for families to send their children to the preschool of their c…
https://www.yahoo.com/news/articles/supreme-court-hear-catho…

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web search NEUTRAL — The Supreme Court takes up the case of Catholics excluded from Colorado's Universal Preschool program over their LGBTQ+ stance.
https://www.dailysignal.com/2026/04/20/supreme-court-takes-u…

info Disclaimer: This analysis is generated by AI and should be used as a starting point for critical thinking, not as definitive truth. Claims are verified against publicly available sources. Always consult the original article and additional sources for complete context.