Appeals Court Decision To Revisit Louisiana Ten Commandments Law Buoys Conservative Hopes for Supreme Court Reversal of 45-Year-Old Precedent
The decision could be a step closer to getting the Supreme Court to revisit its decision banning such laws.

A federal appeals court is set to reconsider its decision about whether states can require public schools to display the Ten Commandments.
The full United States Court of Appeals for the Fifth Circuit agreed to hear Louisianaâs appeal of a June ruling by a three-judge panel that found that its Ten Commandments law violated the Establishment Clause of the First Amendment.
The Supreme Courtâs 1980 Stone v. Graham decision ruled that laws requiring public schools to display the Ten Commandments violate the First Amendment and have no âsecular legislative purpose.â
Despite the decision, which has not been overturned, several conservative states, such as Texas and Arkansas, recently have passed laws similar to the one in Louisiana. Federal courts have blocked those laws. Conservatives argue that the precedent used in Stone was recently overturned, and are optimistic that the Supreme Courtâs conservative majority will overturn Stone itself given the opportunity.
Louisianaâs attorney general, Liz Murrill, celebrated the Fifth Circuitâs decision to hear the case en banc and said she is âlooking forwardâ to arguing in support of the law in front of all 17 judges.
A conservative law firm that is assisting the state in its defense of the law, the Becket Fund, said in a post on X, âSymbols with religious origins have been a natural part of American culture for centuries â appearing on our state flags, seals, currency, and national monuments. One need only look at a dollar bill bearing the words âIn God We Trustâ to know religion is a deeply-rooted part of the American experience. Louisiana is simply continuing that tradition by including one of the most enduring of these symbols in its public schools.â
A plaintiff in the case, Americans United for Separation of Church and State, said in a statement, âThe panelâs unanimous ruling last June was well reasoned and correctly followed binding Supreme Court precedent. We believe there is no reason to revisit it. Nevertheless, we look forward to presenting our clientsâ case to the entire court of appeals, and we remain confident that the constitutional values and principles at the heart of the First Amendment, which guarantee religious freedom for all students and families, will prevail in the end.â
A date for oral arguments has not been set as of Tuesday morning.
Regardless of whether the Fifth Circuit upholds the law, the decision will likely not be the end of the matter, as either side will likely seek to appeal the ruling to the Supreme Court to settle the question of whether Stone should stand.

