COMMENTARY: The ruling returns Establishment Clause analysis to its proper moorings: the nation’s history and tradition.

A U.S. appeals court ruled Tuesday that Texas can require public school to display the Ten Commandments in classrooms.

In 2022, the U.S. Supreme Court expressly abandoned the Lemon Test, which had been used by the Court to determine whether an ...

(RNS) — Over 60 years of establishment clause jurisprudence will be overturned if the 5th Circuit Court of Appeals gets its ...

Last month, House Speaker Mike Johnson caused a stir by stating in an interview that "the separation of church and state is a misnomer." Johnson was responding to a skeptical interviewer on CNBC who ...

(RNS) — There will be no government-established religious charter school in Oklahoma. With Amy Coney Barrett having recused herself for unexplained but surmisable reasons, the remaining Supreme Court ...

From Hilsenrath v. School District of the Chathams, decided yesterday by the Third Circuit (Judge Thomas Hardiman, joined by Judge Arianna Freeman): During the 2016–2017 school year, C.H. was a ...

Ratio Decidendi is a recurring series by Stephanie Barclay exploring the reasoning – from practical considerations to deep theory – behind our nation’s most consequential constitutional decisions. On ...