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Five current Supreme Court justices have questioned the continued use of the so-called Lemon test for establishment clause violations. But four votes could not be found to revisit it this term in a closely watched religion clause challenge involving memorial crosses to fallen Utah State troopers. The move prompted Justice Clarence Thomas to issue a19-page critique of the Court's establishment clause jurisprudence.
October 31, 2011 at 12:00 AM
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The original version of this story was published on National Law Journal
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