Unifying Establishment Clause Purpose, Standing, and Standards
Document Type
Article
Publication Title
University of Memphis Law Review
Abstract
As Justice Thomas has correctly observed, "[The Supreme] Court's Establishment Clause jurisprudence is in disarray." The disarray comes in several forms. To begin with, there is extensive disagreement among judges and scholars about what purpose the Establishment Clause serves. Moreover, the Court has been unable to create a principled standing doctrine for Establishment Clause cases. This disagreement has bled into the Supreme Court's merits decisions in Establishment Clause cases: over the last seventy years they have used at least six different standards to resolve such cases. This confusion has left lower courts and litigants struggling to interpret what they are supposed to do in Establishment Clause cases.
Publication Date
1-1-2019
Recommended Citation
Chauvin, Noah C., "Unifying Establishment Clause Purpose, Standing, and Standards" (2019). Faculty Scholarship. 173.
https://cwldc.widener.edu/facscholarship/173
