Super helpful for studying on the go. But USER BEWARE, the content clearly hasn't been updated to incorporate SCOTUS decisions from at least 2022 forward. E.g., at 28:42, it asks about the relevant test for the Establishment Clause and then provides the Lemon Test as the answer. The Lemon Test was effectively overruled by Kennedy v. Bremerton School District (2022). It has been replaced with a "history and tradition" approach.
Thank you for your comment, Laura. You are correct that the Supreme Court's decision in Kennedy confirmed that it had abandoned the Lemon test. The Court did not announce a specific, new test to evaluate potential violations of the Establishment Clause. Instead, it endorsed the view that "the Establishment Clause must be interpreted by reference to historical practices and understandings." According to the Kennedy opinion, when determining whether a government actor "coerces" an individual to observe a particular religion, courts and governments must take care that the line between impermissible and permissible conduct "accord[s] with history and faithfully reflect the understanding of the Founding Fathers." If you are tasked with analyzing an Establishment Clause issue on the MBE, remember that government actors have wider latitude to display religious iconography and to worship publicly under Kennedy than they did previously.
These are helpful but beware of the lemon test mistake. The test is neutrality and general applicability now. Lemon test no longer used in federal court
Super helpful for studying on the go. But USER BEWARE, the content clearly hasn't been updated to incorporate SCOTUS decisions from at least 2022 forward. E.g., at 28:42, it asks about the relevant test for the Establishment Clause and then provides the Lemon Test as the answer. The Lemon Test was effectively overruled by Kennedy v. Bremerton School District (2022). It has been replaced with a "history and tradition" approach.
Thank you for your comment, Laura. You are correct that the Supreme Court's decision in Kennedy confirmed that it had abandoned the Lemon test. The Court did not announce a specific, new test to evaluate potential violations of the Establishment Clause. Instead, it endorsed the view that "the Establishment Clause must be interpreted by reference to historical practices and understandings." According to the Kennedy opinion, when determining whether a government actor "coerces" an individual to observe a particular religion, courts and governments must take care that the line between impermissible and permissible conduct "accord[s] with history and faithfully reflect the understanding of the Founding Fathers."
If you are tasked with analyzing an Establishment Clause issue on the MBE, remember that government actors have wider latitude to display religious iconography and to worship publicly under Kennedy than they did previously.
@@BrainscapeLaw no problem! Thanks for clarifying how to analyze establishment clause violations. These videos are awesome and so helpful!
These are helpful but beware of the lemon test mistake. The test is neutrality and general applicability now. Lemon test no longer used in federal court
Violations of first and fourth amendments.
Will be a hate crime based on religious preference for some.
Thank you.