DeepSummary
The episode discusses a new Louisiana law requiring public school classrooms to display the Ten Commandments, which is being challenged by the ACLU as a violation of the First Amendment's establishment clause. Preet Bharara and Joyce Vance analyze the precedent set by the 1980 Supreme Court case Stone v. Graham, which ruled that posting the Ten Commandments in classrooms has a plainly religious purpose and is unconstitutional.
They highlight the arguments made in Stone v. Graham, such as the Ten Commandments being a sacred text and its first part concerning religious duties of believers. Vance notes that the Louisiana law mandates a Protestant version of the Ten Commandments, further entrenching Christian nationalism in government.
Bharara and Vance discuss the broader implications of this law, suggesting it is part of an effort to overturn precedent and attack the separation of church and state. They argue that while some religious implications in laws may be permissible, forcing the display of a religious text in public schools crosses a line.
Key Episodes Takeaways
- A new Louisiana law requires public school classrooms to display the Protestant version of the Ten Commandments.
- The ACLU has filed a lawsuit challenging this law as a violation of the First Amendment's Establishment Clause, based on the precedent set by the 1980 Supreme Court case Stone v. Graham.
- Preet Bharara and Joyce Vance argue this law is part of a broader effort to overturn precedents and blur the line between church and state.
- They suggest some are emboldened to challenge long-standing precedents after recent Supreme Court rulings overturning precedents on other issues.
- The episode discusses the limits of allowing religious influences in laws versus outright state endorsement of religion prohibited by the Establishment Clause.
- Vance notes the law mandates a Protestant version of the Ten Commandments, favoring one religious tradition over others.
- Bharara and Vance contrast this law with permissible laws like Sunday closing laws serving a secular purpose, highlighting the difference in this case.
Top Episodes Quotes
- “The Ten Commandments are undeniably a sacred text in the jewish and christian faiths, and no legislative recitation of a supposed secular purpose can blind us to that fact.“ by Supreme Court (quoted from Stone v. Graham)
- “And thats basically the violation, which is pretty simple compared to a lot of cases we talk about and legal dilemmas and controversies we talk about, its kind of open and shut.“ by Preet Bharara
- “The version of the Ten Commandments that they mandate for posting is a protestant version. So even there, they're not true to the history and tradition of the tendency commandments.“ by Joyce Vance
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Episode Information
Stay Tuned with Preet
CAFE
6/25/24
In an excerpt from a new episode of the CAFE Insider podcast, Preet Bharara and Joyce Vance break down the new Louisiana law requiring public school classrooms to display the Ten Commandments. They also preview the ACLU’s lawsuit challenging the law under the First Amendment.
In the full episode, Preet and Joyce discuss:
– The Florida hearings during which District Judge Aileen Cannon appeared skeptical of former President Donald Trump’s arguments challenging special counsel Jack Smith’s appointment as unlawful; and
– A federal judge’s order freezing enforcement of Iowa’s controversial immigration law, which makes it a state crime to enter the country, and the state of Iowa, illegally.
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