Pivotal · alive
Kennedy v. Bremerton School District
597 U.S. 507 (2022)
A public-school football coach's post-game midfield prayer was protected Free Exercise. The Court declared Lemon "long ago abandoned" and directed Establishment Clause analysis to "historical practices and understandings."
Role in NathanThe keystone of the majority opinion. Used to declare Lemon dead — and, more aggressively, to carry Stone v. Graham down with it.
Abrogated
Lemon v. Kurtzman
403 U.S. 602 (1971)
Established the three-part Establishment Clause test: secular purpose, primary effect neither advancing nor inhibiting religion, and no excessive government entanglement.
Role in NathanUniversally treated as overruled by Kennedy. The majority takes this as given; the dissents do not dispute it.
Contested
Stone v. Graham
449 U.S. 39 (1981) (per curiam)
Struck down Kentucky's mandate that the Ten Commandments be posted in every public-school classroom. Held the statute lacked a secular purpose; no legislative recitation could "blind" courts to that fact.
Role in NathanThe case the majority declares abrogated along with Lemon. The dissents insist Stone survives because the Supreme Court has never overruled it. The most jurisprudentially aggressive move of the opinion.
Pivotal · alive
Shurtleff v. City of Boston
596 U.S. 243 (2022) (Gorsuch, J., concurring in the judgment)
Justice Gorsuch's concurrence articulated six hallmarks of a founding-era religious establishment: (i) government control over the doctrine and personnel of an established church; (ii) mandated attendance and punishment for failing to participate; (iii) punishment of dissenting churches and individuals; (iv) restriction of political participation by dissenters; (v) financial support for the established church; and (vi) use of the established church to carry out civil functions.
Role in NathanThe affirmative test the majority adopts as the governing framework. S.B. 10, the majority holds, triggers none of the six hallmarks.
Alive
Everson v. Board of Education
330 U.S. 1 (1947)
Incorporated the Establishment Clause against the States and revived Jefferson's "wall of separation between Church and State." Upheld public reimbursement of parochial-school bus fares.
Role in NathanCited by both sides: the dissents invoke the Wall metaphor; the majority treats Everson's general language as surviving but stripped of its tiered-test progeny.
Alive
Engel v. Vitale
370 U.S. 421 (1962)
Struck down New York's "Regents' Prayer" — a state-composed nondenominational prayer recited daily in public schools. State-composed prayer violates the Establishment Clause even if participation is voluntary.
Role in NathanAnchor of the school-prayer line preserved by Kennedy and relied on by the Ramirez and Southwick dissents for the coercion argument.
Alive
School District of Abington Twp. v. Schempp
374 U.S. 203 (1963)
Struck down state-mandated Bible reading and Lord's Prayer recitation in public schools. Announced the "secular purpose / primary effect" test that would become Lemon's first two prongs.
Role in NathanThe dissents argue Schempp (not Lemon) was the true doctrinal parent of Stone v. Graham, and Schempp was untouched by Kennedy.
Alive
Lee v. Weisman
505 U.S. 577 (1992)
Struck down clergy-led prayer at a public-school graduation. Recognized that coercion in the school context is "subtle and indirect" — the pressure to conform is enough.
Role in NathanCentral to the Ramirez and Southwick dissents' coercion argument. The majority says S.B. 10 involves no exercise the students must perform.
Alive
Santa Fe Independent School District v. Doe
530 U.S. 290 (2000)
Struck down student-led, student-initiated prayer broadcast over a high-school football stadium's PA system. Extended the school-prayer line beyond classrooms.
Role in NathanCited by the dissents: if a PA-broadcast prayer at a football game counts as coercive, a mandatory poster in every classroom is a fortiori.
Pivotal · alive
Larson v. Valente
456 U.S. 228 (1982)
"The clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another." Denominational preferences trigger strict scrutiny.
Role in NathanThe Higginson dissent's primary hook: Texas chose the KJV Protestant Decalogue over Catholic, Lutheran, and Jewish enumerations. The majority responds with "pan-Judeo-Christian cultural resonance."
Alive
Catholic Charities Bureau v. Wisc. Labor & Indus. Rev. Comm'n
605 U.S. 238 (2025)
Expressly reaffirmed Larson v. Valente's denominational-neutrality principle and applied strict scrutiny to a Wisconsin unemployment-insurance exemption that drew lines among religious groups.
Role in NathanCited by the Higginson dissent to show that Larson is not a vestigial doctrine: the Court has just reaffirmed it.
Pivotal · contested
Mahmoud v. Taylor
606 U.S. 522 (2025)
Held that Maryland parents were entitled under Free Exercise to opt their children out of "LGBTQ+-inclusive" classroom instruction. The Court reasoned, quoting Wisconsin v. Yoder, that government burdens parents' religious exercise when it requires them to submit children to instruction posing "a very real threat of undermining" their religious beliefs and practices.
Role in NathanThe Higginson dissent says a fortiori this Free Exercise principle condemns S.B. 10. The majority distinguishes: posters are not "compulsory curriculum."
Alive
Town of Greece v. Galloway
572 U.S. 565 (2014)
Upheld sectarian legislative prayers at town-council meetings based on "historical practices and understandings" and the adult-deliberative-body context.
Role in NathanA key waypoint in the historical turn. The dissents stress that Town of Greece repeatedly distinguished the school context.
Alive
American Legion v. American Humanist Ass'n
588 U.S. 29 (2019)
Upheld the Bladensburg Cross, a 32-foot Latin cross on public land. Long-standing religious "monuments, symbols, and practices" carry a "strong presumption of constitutionality."
Role in NathanHo's concurrence cites American Legion to argue that the Decalogue, as a "longstanding symbol," would survive even a monument-based test — though S.B. 10's brand-new posters are not "longstanding" by any measure.
Pivotal
Rodriguez de Quijas v. Shearson/American Express, Inc.
490 U.S. 477 (1989)
Lower federal courts must follow directly on-point Supreme Court precedent even if it "appears to rest on reasons rejected in some other line of decisions." Only the Supreme Court may overrule its own cases.
Role in NathanThe core of Judge Haynes's one-paragraph dissent. If Stone is directly on point and the Supreme Court has not overruled it, the Fifth Circuit is bound.
Displaced
Lynch v. Donnelly
465 U.S. 668 (1984) (O'Connor, J., concurring)
Justice O'Connor's "endorsement test": the Establishment Clause forbids government action that a reasonable observer would read as endorsing or disapproving of religion.
Role in NathanTreated by the majority as an "offshoot" of Lemon and thus also abrogated by Kennedy's "long ago abandoned" language.
Displaced
McCreary County v. ACLU of Kentucky
545 U.S. 844 (2005)
Struck down Ten Commandments displays in county courthouses because their predominant purpose was religious, notwithstanding a later-added "historical context" frame.
Role in NathanThe dissents' strongest companion to Stone; the majority treats McCreary as a Lemon-family opinion that fell with Lemon itself.