Did The ACLU Make A Mistake By Seeking Certiorari in the Texas Ten Commandments Case?
Did The ACLU Make A Mistake By Seeking Certiorari in the Texas Ten Commandments Case? There may have been some wisdom in letting the red states post the document on the wall, but leaving old precedents in place. Josh Blackman | 8.17.2026 11:10 PM In April, the en banc Fifth Circuit upheld the constitutionality of Texas's law requiring the posting of Ten Commandments in public school classrooms.
- ▪Did The ACLU Make A Mistake By Seeking Certiorari in the Texas Ten Commandments Case?
- ▪There may have been some wisdom in letting the red states post the document on the wall, but leaving old precedents in place.
- ▪Josh Blackman | 8.17.2026 11:10 PM In April, the en banc Fifth Circuit upheld the constitutionality of Texas's law requiring the posting of Ten Commandments in public school classrooms.
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| Original publisher | Reason.com |
| Canonical URL | https://reason.com/volokh/2026/08/17/did-the-aclu-make-a-mistake-by-seeking-certiorari-in-the-texas-ten-commandments-case/ |
| Publication time | Tue, 18 Aug 2026 03:10:19 +0000 |
| Retrieval time | 2026-08-18T03:32:43.162Z |
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Opening excerpt (first ~120 words) tap to expand
Did The ACLU Make A Mistake By Seeking Certiorari in the Texas Ten Commandments Case? There may have been some wisdom in letting the red states post the document on the wall, but leaving old precedents in place. Josh Blackman | 8.17.2026 11:10 PM In April, the en banc Fifth Circuit upheld the constitutionality of Texas's law requiring the posting of Ten Commandments in public school classrooms. For much of the past four months, I wondered whether the ACLU would take the risk of filing a cert petition. On the one hand, separationists must publicly state they will fight to the last stage to ensure there is no religion in the classroom. On the other hand, the Supreme Court could set a broader that would set back separationism far more than Kennedy v. Bremerton did.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at Reason.com.
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