Monday, June 16, 2014
Cert denial in Elmbrook School Establishment Clause case
The Supreme Court denied certiorari this morning in Elmbrook School District v. Doe, and thus will not be reviewing the Seventh Circuit's decision holding that a public school graduation at a church (chosen for reasons of convenience) violated the Establishment Clause. Justice Scalia (joined by Justice Thomas) dissented from the denial of cert.
I was wrong about what the Court would likely do. I thought that the Court would GVR or outright grant in light of Town of Greece v. Galloway.
https://mirrorofjustice.blogs.com/mirrorofjustice/2014/06/cert-denial-in-elmbrook-school-establishment-clause-case.html