Days before the Supreme Court is set to hear Trinity Lutheran v. Pauley, Missouri Governor Eric Greitens instructed the Department of Natural Resources (“DNR”) to allow religious organizations to apply, and receive grants. Because of this new order, Trinity Lutheran may be mooted. Indeed, the Supreme Court just today called for the parties’ views on how Governor Greitens’ order affects their case.

I’ve recently written on this case here. But a short backgrounder is appropriate. Trinity Lutheran Church applied for a generally available grant from DNR to obtain materials to build a playground. Although Trinity Lutheran Church had one of the highest ranking applications, DNR denied the church a grant solely because it is a religious institution. DNR cited Missouri’s Blaine Amendment, a provision in its state constitution that prohibits Missouri from supporting religious groups. Thus, Trinity Lutheran Church sued DNR, alleging that it violated the Free Exercise Clause and the Equal Protection Clause by denying it a grant.

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