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?