In Kennedy v. Bremerton School District (2022), the Supreme Court declared that the test for Establishment Clause doctrine set forth in Lemon v. Kurtzman (1971), which shaped cases for decades, is no longer good law. In its place, the Court declared, history and tradition should govern. In light of these developments, what will or should become of other Establishment Clause precedents (including ones that didn't or couldn't have purported to hinge on Lemon, like the school prayer cases)? And how should we evaluate these recent and likely future changes?
The Section held a virtual business meeting prior to the Annual Meeting.