Case
Lemon v. Kurtzman
16 published works
Religion Clause
6th Circuit Questions Whether "Secular Purpose" Is Still Part of Establishment Clause Compliance
In Gordon v. City of Hamtramck, (6th Cir., Aug. 21, 2026), the U.S. 6th Circuit Court of Appeals rejected Free Speech, Establishment Clause and Equal Protection challenges to a city Ordinance…
Legal History Blog
Wiebolt on the Lawyer behind School Choice
By Dan Ernst
Dennis J. Wieboldt, III, soon to be a VAP at Notre Dame Law, has posted William Bentley Ball and the "Century of Struggle" for School Choice:The Supreme Court’s 1971 decision in…
Original Jurisdiction
Supreme Court Term In Review: Zach Shemtob
By David Lat
Last Tuesday, June 30, the U.S. Supreme Court issued its final opinions in argued cases for October Term 2025. So it’s an ideal time to review the Term that was—and…
inversecondemnation.com
Today Is Hawaii’s Secular Good Friday State Holiday – What’s Up With That?
Here's our annual missive on why today (this year, Friday, April 3, 2026), the doors to most Hawaii state, county, and city offices are locked. What's so special about this…
Religion Clause
5th Circuit En Banc: Challenge to Louisiana Classroom 10 Commandments Mandate Is Not Ripe
In Roake v. Brumley, (5th Cir., Feb. 20, 2026), the U.S. 5th Circuit Court of Appeals sitting en banc by a vote of 11-7 vacated on jurisdictional grounds a preliminary injunction…
Religion Clause
Indiana Asks Court to Vacate 2002 Injunction Barring 10 Commandments Monument at Statehouse
Last week, Indiana's Attorney General filed a motion in an Indiana federal district court asking the court to vacate an injunction it issued in 2002 enjoining the governor from erecting…
PrawfsBlawg
The Ten Commandments and a “Secular Purpose”
Main Thursday, August 21, 2025The Ten Commandments and a "Secular Purpose"I have a short piece up at SCOTUSblog on the status of the "Lemon Test" and the recent enactments in…
Legal Theory Blog
Koppelman & Judah on the Establishment Clause Hallmarks Test
Andrew Koppelman (Northwestern University School of Law) & Michael Judah have posted The New Establishment Clause Hallmarks Test: Sources and Distortions on SSRN. Here is the abstract: In the recent…
Gender and the Law Prof Blog
L. Joe Dunman on “What Hath Obergefell Wrought”
By Jamie Abrams
L. Joe Dunman has posted " "What Hath Obergefell Wrought" on SSRN. This essay is forthcoming in Volume 52 of the Northern Kentucky Law Review. Portions of Dunman's conclusion are…
The Right Coast
When Did the Supreme Court Do Better? | RealClearPolitics
Was there a better term than the one begun in October 2020 during the last 50 years? Surely it was not 50 years ago, when the court muddled religion jurisprudence…