Louisiana Attorney General files petition for full Fifth Circuit to rehear Ten Commandments law
'The Fifth Circuit's panel decision in this case directly rejected the Fifth Circuit's own precedents and precedents from other circuits and the Supreme Court. This is exactly the sort of case that warrants full Court review, and we appreciate the Court's careful consideration,' Murrill said in a release.
On June 20, the U.S. Court of Appeals for the Fifth Circuit ruled that the state's law to display the Ten Commandments in public school classrooms is unconstitutional. This bill passed in the 2024 Regular Legislative Session.
Murrill argues that the ruling lacks standing, meaning the plaintiff has not encountered a Ten Commandments display. According to a Fifth Circuit precedent, an encounter with a religious display is required to establish standing.
The state also believes the panel misused the 'Lemon v. Kurtzman' test. Louisiana says the panel used an outdated framework instead of using a historical analysis.
Murrill wants the full Fifth Circuit to rehear the case to allow HB 71 to be implemented.
Timeline of Louisiana's Ten Commandments Law:
June 19, 2024: A bill requiring public schools and universities to display the Ten Commandments in classrooms was passed during the 2024 Regular Legislative Session.
June 24, 2024: The American Civil Liberties Union (ACLU) filed a lawsuit claiming the law violated students' First Amendment rights. Some religious leaders and activists also voiced opposition to the law.
Aug. 5, 2024: Murrill called for the lawsuit to be dismissed, arguing it was premature and that the plaintiffs could not demonstrate actual harm.
July 19, 2024: Louisiana agreed to pause implementation of the law until a hearing could be held, initially scheduled for Nov. 15.
Oct. 21, 2024: A hearing debated whether the law should go into effect while its constitutionality is litigated. The preliminary injunction allowed arguments on both sides regarding the posting of the Commandments.
Nov. 12, 2024: A federal judge ruled the law unconstitutional, prohibiting the display of the Ten Commandments in schools.
Dec. 11, 2024: Louisiana Attorney General Liz Murrill filed an opening brief to defend Louisiana's Ten Commandments law in the United States Court of Appeals for the Fifth Circuit.
Jan. 23, 2025: Oral arguments held in the Fifth Circuit Court of Appeals to address the state's appeal of the preliminary injunction.
June 20, 2025: The Fifth Circuit Court of Appeals ruled the law unconstitutional.
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