What is the Lemon Test? Lemon v. Kurtzman [No. 86]

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The Federalist Society
Published at : 04 Dec 2020
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The Lemon Test, which is used to determine whether a law violates the Establishment Clause, came about in the 1971 Supreme Court case, Lemon v. Kurtzman. Has the Lemon Test been useful to evaluate such cases? What are the pros and cons of the test? This No. 86 video explores the history, effectiveness, and future of the Lemon Test.

As always, the Federalist Society takes no particular legal or public policy positions.

Differing Views:
The Lemon Test
https://www.pewforum.org/2009/05/14/shifting-boundaries6/

It’s Not Just the Test That’s a Lemon, It’s How Some Some Judges Apply It
https://fedsoc.org/commentary/publications/ita-s-not-just-the-test-thata-s-a-lemon-ita-s-how-some-judges-apply-it

The Supreme Court’s Reasoning in the Bladensburg Cross Case Is a Mess
https://www.cato.org/publications/commentary/supreme-courts-reasoning-bladensburg-cross-case-mess

Brief of Muslim Advocates as Amicus Curiae, The American Legion v. American Humanist Association, January 30, 2019
https://www.supremecourt.gov/DocketPDF/17/17-1717/82327/20190130160942323_Brief.pdf

Maryland cross case is a chance to rethink the establishment clause
https://www.washingtonpost.com/blogs/all-opinions-are-local/wp/2017/11/09/maryland-cross-case-is-a-chance-to-rethink-the-establishment-clause/?noredirect=on

The Lemon Test and the Establishment Clause: A Proposal for Modification
https://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1485&context=ggulrev

This Lemon Comes as a Lemon. The Lemon Test and the Pursuit of a Statute's Secular Purpose
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1329343
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