| Abstrakt: |
In June of 2022, the Supreme Court decided in Kennedy v. Bremerton School District that an Establishment Clause inquiry "focused on original meaning and history would replace Lemon's endorsement test. But after announcing the test, the Court neglected to describe or apply it. This Commentattempts to jill thatvoid. Afteranalyzingthe Court's Establishment Clause jurisprudence, this Comment proposes tenets of the history and tradition test and applies those tenets to Allegheny County v. ACLU, a case decided under Lemon. Finally, this Comment conchides by arguing that the history and tradition inquiry supports pluralism, humility, tolerance, and a healthy separation of church and state. [ABSTRACT FROM AUTHOR] |
