Readers of Bench Memos well know that the Supreme Court broke the establishment clause about 45 years ago with its decision in Lemon v. Kurtzman. That decision exiled standard constitutional ...

The Lemon test has long been used to challenge the ... also been used recently to challenge a defense of the RFRA in EEOC v. R.G. & G.R. Harris Funeral Homes, which is currently pending before ...

In 1971, the U.S. Supreme Court provided these zealots a legal gift, in Lemon v. Kurtzman, holding that, when it came to public expressions of faith, government action must have a secular purpose ...