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The Fifth Circuit and the Louisiana 10 Commandments Law

The en banc court pushes pause--for now

Mark Movsesian | 3.6.2026 7:15 AM

For the past year or so, those of us who follow the Religion Clauses have been waiting to see what courts would do with Louisiana's Ten Commandments law in Roake v. Brumley. Now we have an answer—though not a final one. A couple of weeks ago, sitting en banc, the Fifth Circuit vacated an earlier panel decision and dismissed the case on ripeness grounds. It's a technical ruling (though sticklers may dispute that ripeness is merely "technical"), but it's also revealing, because it shows that whether schools may display the Decalogue will depend on how the practice actually operates in context.

Here's the background. In 2024, Louisiana enacted a statute requiring every public school classroom to display the Ten Commandments. The law specifies the text to be used and requires a statement describing the Commandments' historical role in American........

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