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…"
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3'That's Disappointing': Only 11% of MDL Appointments Went to Attorneys of Color in 2023
- 4What We Know About the Kentucky Judge Killed in His Chambers
- 5'I'm Staying Everything': Texas Bankruptcy Judge Halts Talc Trials Against J&J
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
