From Volokh: ‘A Possible Endorsement Test Case for the U.S. Supreme Court?’

Full post here.

In the news:

“Yesterday, the Tenth Circuit voted 5–4 not to rehear the Utah roadside cross memorial case, American Atheists, Inc. v. Duncan. The result, and the forceful dissents from denial of rehearing en banc, make it likely that the Supreme Court will agree to hear the case, and perhaps overturn the Establishment Clause endorsement test.”


“Still, on balance I think it’s pretty likely that the Court will take the case, reverse the Tenth Circuit, and use the opportunity to reject the endorsement test that a majority of the Justices dislike.”

Comments are worth a read.

Related On This Site:  Repost: From The Strasbourg Observers: ‘Remembering Lautsi (And The Cross)’…Sometimes a cross isn’t just a cross, as Stanley Fish notes. From Law At The End Of The Day: ‘Torn Between Religion And Law In Spain’

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