When a legislative body grants religious groups more liberty than the Supreme Court has interpreted the Free Exercise Clause to require, the government potentially violates the Establishment Clause, ...

Justice Clarence Thomas on Monday said that the U.S. Supreme Court’s establishment-clause jurisprudence is “in shambles.” Citing divergent lower-court opinions on the display of crosses, the Ten ...

One of the big legal issues facing our country is where and how we are going to draw the line between religion and the government. And church and state arguably got a bit closer this week — before the ...

Thanks very much, again, to The Volokh Conspiracy for inviting me to blog about my recent paper on Justice Breyer's decisions and votes in Establishment Clause cases. In this post, I sketch a second ...

On Wednesday, February 25, the Supreme Court decided Pleasant Grove City, Utah v. Summum, an easy and insignificant free speech case. Unfortunately, the Court sidestepped the profound Establishment ...

Texas wants to post the Ten Commandments in public school classrooms. Other states want to bring religion back to schools and public spaces. It ought to be a no-brainer — they cannot do that. The ...

On June 5, Oklahoma voted to allow a new Christian charter school, St. Isidore of Seville Catholic Virtual School, to benefit from taxpayer funding on par with non-sectarian public schools. Activists ...

This week, the en banc Sixth Circuit will hear Bormuth v. County of Jackson. The case illustrates how broken establishment-clause jurisprudence has long been. But as Becket and Stanford Law School ...

America First Legal (AFL), a right-wing group whose team includes several former Trump administration officials, is urging the Supreme Court to do even more to shatter what’s left of the wall between ...