Monday, June 27, 2005

"Lemon" Establishment Test

In regards to the test the Court has followed in Establishment cases since the 1973 case, Lemon v. Kurtzman, I wrote an email to a friend with this observation:

How is it that in a case where something passes constitutional muster, the Lemon Test gets no mention, save in the footnotes (See Cutter v. Wilkinson, opinion released May 31, 2005)? And every few terms when it involves school prayer, or a monument inside a courthouse, the L.T. comes back out? This Lemon thing seems to be a historical relic that the ghost of Warren keeps putting on the tongues of the Justices once every 5 years.