Justices Neil Gorsuch and Brett Kavanaugh appeared hungry Monday to formally jettison a 1971 religion test for violations of the First Amendment's establishment clause. "Is Lemon in this case?" asked ...

It’s been a great week for religious liberty. Last week, the Supreme Court ruled that states cannot exclude religious private schools and their students from tuition aid funding. On Monday, it held ...

It is rare when six former attorneys general of the United States ask the Supreme Court to override a long-standing court precedent. For the worthy cause of free religious exercise, six have ...

1971—In an opinion by the jurisprudentially rudderless Chief Justice Warren Burger, the Supreme Court in Lemon v. Kurtzman concocts an ahistorical and highly malleable test for Establishment Clause ...

Gorsuch’s majority opinion forcefully explains that the Free Exercise and Free Speech Clauses do not conflict with the Establishment Clause. In the process, it observes that the Court has already ...

The Supreme Court addressed the intersection of the First Amendment’s Establishment and Free Speech clauses as they relate to a public employee’s personal ...