For the past year or so, those of us who follow the Religion Clauses have been waiting to see what courts would do with Louisiana's Ten Commandments law in Roake v. Brumley. Now we have an answer—though not a final one. A couple of weeks ago, sitting en banc, the Fifth Circuit vacated an earlier panel decision and dismissed the case on ripeness grounds. It's a technical ruling (though sticklers may dispute that ripeness is merely "technical"), but it's also revealing, because it shows that whether schools may display the Decalogue will depend on how the practice actually operates in context.
Here's the background. In 2024, Louisiana enacted a statute requiring every public school classroom to display the Ten Commandments. The law specifies the text to be used and requires a statement describing the Commandments' historical role in American education, but it leaves the details largely to local school authorities.
Parents filed a pre-enforcement challenge in federal court. They argued the displays would violate the Establishment Clause under Stone v. Graham, the Supreme Court's 1980 decision striking down a similar Kentucky requirement. The district court agreed and issued a preliminary injunction, and a Fifth Circuit panel affirmed. The panel reasoned that lower courts remain bound by Stone unless and until the Supreme Court overrules it.
