Rightly Decided

In a razor-thin 9-8 en banc decision, the Fifth Circuit upheld Texas’ law requiring the Ten Commandments to be posted in every public school classroom.

Laura Beth Latimer is joined by Chance Weldon and Nathan Seltzer to break down Nathan v. Alamo Heights ISD. We discuss why the court held that Stone v. Graham no longer controls after the Supreme Court killed the Lemon test in Kennedy v. Bremerton, and what the new historical “hallmarks of establishment” test means going forward.

We cover:

— Vertical stare decisis and when lower courts can move past undermined precedent

— The six historical hallmarks of religious establishment

— Issues of coercion, compelled financial support, and compulsory school attendance

— Offended-observer standing and the limits of Article III jurisdiction

A sharp, originalist discussion on religion in public schools and the future of Establishment Clause jurisprudence—with a likely Supreme Court appeal ahead.

What do you think—did the Fifth Circuit go too far, or get it right?

Creators and Guests

Host
Laura Beth Latimer
Laura Beth Latimer is an attorney at the Texas Public Policy Foundation's Center for the American Future. Before moving into public-interest work, she spent four years as a felony prosecutor in the Bell County District Attorney’s Office.
Guest
Chance Weldon
Chance Weldon is the Director of Litigation at the Texas Public Policy Foundation's Center for the American Future.
Guest
Nathan Seltzer
Nathan Seltzer is an attorney with the Center for the American Future. Prior to joining the Texas Public Policy Foundation, he worked with The Justice Foundation on pro-life and limited-government issues.

What is Rightly Decided?

Rightly Decided is a legal podcast from the Texas Public Policy Foundation's Center for the American Future, whose attorneys defend the Constitution through legal opposition to government overreach.