Not only is this Lemon test vague and hard to apply, but it distracts courts from a focus on the original target of the Amendment: coercion.
Ilya Shapiro
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Ilya Shapiro.
Apr 5, 2018
Unless one thinks that the Constitution doesn’t matter or shouldn’t be enforced, it’s a legal text that legal training can help explicate.
Ilya Shapiro is a vice president of the Cato Institute, director of the Robert A. Levy Center for Constitutional Studies, and author of Supreme Disorder: Judicial Nominations and the Politics of America's Highest Court.