U.S. Supreme Court building in Washington, D.C. September 30, 2022. Photo: Diego M. Radzinschi/ALM SCOTUS Finally Drives a Stake Through the Heart of 'Lemon': Now What?
The Supreme Court's recent decision in Kennedy v. Bremerton was the death blow for the Lemon test and existing Establishment Clause jurisprudence. In its place, the majority mandated the court's apply a 'history and tradition' test, drawing dissent from Justice Sonia Sotomayor. Yet this historical approach to defining constitutional rights is becoming a hallmark of the current majority, with the potential to disrupt the status quo on a wide range of constitutional issues.
April 06, 2023 at 10:00 AM
10 minute read
"Like some ghoul in a late night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried, Lemon stalks our Establishment Clause jurisprudence once again…"
Mark Cuthbertson When Justice Antonin Scalia penned the above quote in his concurrence to Lamb's Chapel v. Center Moriches Union Free School District, 508 U.S. 384, 398 (1993), he could have hardly imagined that it would take 30 years for his metaphoric Lemon ghoul to finally meet its demise.
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