Louisiana's classroom Ten Commandments law is back before a group of federal judges today.
The controversial mandate to display the Old Testament text in public classrooms is getting a rare hearing before all appeals judges at the fifth circuit.
After a three-judge panel of the Fifth Circuit Court of Appeals ruled against the state, Professor Dane Ciolino at Loyola School of Law said it is kind of a surprise that the 17 active judges on the Fifth Circuit will hear this case.
"The Fifth Circuit doesn't take up very many cases en banc at all, and the issues presented in this case seem very straightforward to me," Ciolino said.
"There is a 1980 U.S. Supreme Court opinion that made very clear that states cannot mandate the posting of the Ten Commandments in public school classrooms and buildings," Ciolino said.
While a 2022 Supreme Court decision broadened the acceptance of religion in public school settings, Ciolino said only one body has the power to apply that 2022 interpretation in this case.
"Only the United States Supreme Court can do that," he said. "The Fifth Circuit en banc has no authority whatsoever to do it."