Education

5th Circuit Lifts Block on Louisiana Classroom Ten Commandments Law

A Louisiana law requiring public schools to display the Ten Commandments in every classroom may move forward for now, after the full U.S. Court of Appeals for the 5th Circuit vacated a preliminary injunction that had blocked the measure.

In a ruling issued Friday, the court’s 17 active judges concluded that it is premature to determine whether the law violates the Constitution, writing that the legal challenge is not yet ripe for review.

“An unripe challenge does not become ripe merely because a party asserts that the challenged action would be unlawful on any conceivable set of facts,” the court stated.

The decision overturns earlier rulings by a federal district court in Louisiana and a three-judge panel of the 5th Circuit, both of which had blocked enforcement of the law. The full appeals court, however, disagreed and lifted the injunction.

The ruling comes as the 5th Circuit is also weighing a similar Ten Commandments law enacted in Texas. The full court heard arguments in both cases last month, though Friday’s decision applies only to the Louisiana statute.

In its opinion, the court declined to assess hypothetical classroom displays in advance, saying such an evaluation would require speculation rather than a review grounded in concrete facts.

“Asking us to declare — here and now, and in the abstract — that every possible H.B. 71 display would violate the Establishment Clause would require precisely what Texas forbids: the substitution of speculation for adjudication,” the court wrote.

The judges added that analyzing potential displays without a developed factual record would exceed the judiciary’s proper role.

“That exercise exceeds the judicial function,” the opinion stated. “It is not judging; it is guessing.”

The case may continue as plaintiffs pursue further legal challenges, potentially setting the stage for additional review.

 

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