SCOTUS’ Bladensburg Cross Ruling Is a Church-State Mess
…that Establishment Clause law is fractured and unintelligible because the central test in that area is too. As I wrote back in February, the problem is not with the Lemon test, but with the Court’s unwillingness to apply that test. Instead, the court seeks to reverse engineer politically popular outcomes. At oral argument, justices and attorneys attacked Lemon repeatedly, but continued to come back to its core principles: no religious purpose, no…
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