⚖ Oral Arguments, with Context

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Mid Vermont Christian School v. Bouchey — 2d Cir. (Sep 22, 2026)

No. 26-1416 Argued September 22, 2026 Published September 26, 2026

Mid Vermont Christian School and families seek public tuition payments while their lawsuit proceeds. Vermont towns without high schools pay for students at eligible public or independent schools. After Mid Vermont briefly qualified, Act 73 added location and prior-enrollment rules, including a 25-percent threshold; the school was disqualified. The school says the changes effectively exclude religious schools; Vermont calls them neutral, cost-conscious education reform. A district judge denied temporary relief. The appeal asks whether exemptions for other schools make the rules unequal under the First Amendment's Free Exercise Clause. The lawyers call this general applicability: whether comparable religious and secular choices face the same restrictions, judged against Vermont's stated goals.

Mid Vermont Christian School v. Bouchey (No. 26-1416) — U.S. Court of Appeals for the Second Circuit, argued September 22, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Second Circuit (public domain, 17 U.S.C. § 105):https://ww3.ca2.uscourts.gov/audio/26-1416.mp3
Argument listing — U.S. Court of Appeals for the Second Circuit:https://ww3.ca2.uscourts.gov/oral_arguments.html
District of Vermont preliminary-injunction order (May 12, 2026):https://www.govinfo.gov/content/pkg/USCOURTS-vtd-2_23-cv-00652/pdf/USCOURTS-vtd-2_23-cv-00652-2.pdf
Vermont town-tuition statute, 16 V.S.A. § 828:https://legislature.vermont.gov/statutes/section/16/021/00828
Alliance Defending Freedom case history:https://adflegal.org/case/mid-vermont-christian-school-v-saunders/
Alliance Defending Freedom counsel and hearing notice:https://adflegal.org/press-release/christian-school-family-barred-from-vts-benefit-programs-appeal-to-2nd-circuit/
Government filing identifying Sam Stratton as a Vermont assistant attorney general:https://www.pa.gov/content/dam/copapwp-pagov/en/governor/documents/petition%20for%20review_endangerment_final.pdf
U.S. Supreme Court, Tandon v. Newsom:https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf
U.S. Supreme Court, Church of Lukumi Babalu Aye v. Hialeah:https://www.law.cornell.edu/supremecourt/text/508/520
Second Circuit appeal docket:https://dockets.justia.com/docket/circuit-courts/ca2/26-1416

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