When a three-judge panel of the 5th U.S. Circuit Court of Appeals hears arguments Wednesday in Morgan, et al. v. Swanson, et al., a religious viewpoint discrimination case, a 67-year-old U.S. Supreme Court precedent will come up.
Two sisters who were lead plaintiffs in litigation that resulted in the high court’s 1943 ruling in West Virginia State Board of Education v. Barnette — which held that school officials could not compel elementary schoolchildren who were Jehovah’s Witnesses to pledge allegiance to the U.S. flag — have filed an amici curiae brief in Morgan.
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