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A Cross in the Road: Salazar v. Buono and the Circuit Divide on the Establishment Clause Remedial Question

By Alliance Alert

Catholic University Law Review: "The divergent holdings of the Ninth and Seventh Circuits call attention to the different doctrines used by the courts in their respective analyses. Some methods of analysis, such as the Lemon test, the endorsement test, and the reasonable observer standard, are commonplace in Establishment Clause jurisprudence. Other methods of analysis, including the ?unusual circumstances? doctrine employed by the Seventh Circuit, are not as oft-used. Additional doctrines, namely the public function doctrine and the notion of deference to government actions, are more common to other areas of jurisprudence. The interplay of these doctrines, their varying uses, and their misuses helps to shed light on exactly how the circuits split."

Full post as published by Constitutionally Correct on June 23, 2009 (boomark / email).