There’s about to be lots of doctrinal analysis of the Fifth Circuit’s 10 Commandments case. But the outcome was easily predictable, for reasons that @richschragger.bsky.social and @nelsontebbe.bsky.social laid out in our paper on Reestablishing Religion: lawreview.uchicago.edu/print-archiv....
In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. Now, the government must treat religion equally with respect to providing public benef...