Scalia On The Lemon Test As Late-Night Ghoul

Like some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried, Lemon stalks our Establishment Clause jurisprudence once again, frightening the little children and school attorneys of Center Moriches . . . Continue reading →

Judge Pulskamp: If People Can Gather In Costco, They Can Gather In Church

Defendants’ efforts to distinguish the permitted secular activity from the prohibited religious activity are not persuasive. For example, Defendants contend that the congregations of shoppers in big-box stores, grocery stores, etc., are not comparable to religious services in terms of crowd size, proximity, and length of stay. To the contrary, based on the evidence presented (or lack thereof) and common knowledge, it appears that shoppers at a Costco, Walmart, Home Depot, etc. may —and frequently do—congregate in numbers, proximity, and duration that is very comparable to worshippers in houses of worship. Continue reading →