Establishment Clause: Ten Commandments cases heading to SCOTUS
Multiple petitions filed challenging Texas's Ten Commandments law. 5th Circuit's 9-8 en banc ruling explicitly says Kennedy v. Bremerton jettisoned Stone v. Graham, creating a direct circuit split with 1980 precedent. ACLU filed emergency SCOTUS petition to block the law, citing Mahmoud and Mirabelli for parental rights. Petitions from Texas parents of diverse religious backgrounds test whether the Court will revisit its Establishment Clause framework for religious displays in public schools. Similar laws in LA, AR, AL make this a major religion case for the term.
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Updated Aug 18, 2026