albund / Depositphotos.com
Oral arguments will take place in U.S. District Court for the Middle District of Louisiana Monday morning over Louisiana’s controversial Ten Commandments law.
The law, House Bill 71, which requires all public school classrooms to display the Ten Commandments is on hold as it works its way through the courts.
“The plaintiffs in this case are going to argue that the new legislation that was passed by the legislature and signed into law by the governor this summer violates the First Amendment because it essentially endorses religion in public schools,” says Dane Ciolino, a professor of law at the Loyola University-New Orleans College of Law.
Ciolino says the plaintiffs, which includes the ACLU, have Supreme Court precedent on their side.
“There is a 1980 Supreme Court case directly on point that held that it is unconstitutional under the First Amendment to require the display of the Ten Commandments in public schools,” says Ciolino.
While the state will argue that the law is constitutional, Ciolino does not like its chances in this round.
“I don’t think there’s any reasonable chance that the state is going to win this litigation in the lower courts,” Ciolino says.
However, Ciolino says that may be part of the state’s strategy.
“Their long-term goal here is to eventually get this to the United States Supreme Court,” says Ciolino, “because the Supreme Court over the last three or four years has shown a clear willingness to re-examine its Establishment Clause precedent.”
The Supreme Court has proven that it can throw out precedent, as it did in overturning Roe v. Wade two years ago.\Therefore, Ciolino says should the case make it to the U.S. Supreme Court, the state stands at least a decent chance of prevailing.
“The court now is showing a willingness to be more receptive to religion in a public school setting,” Ciolino notes.
But before it gets there, it would need to go to the Fifth Circuit Court of Appeals.
The case being heard Monday morning is Rev. Roake v. Brumley.
Comments