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Fifth Circuit Grants En Banc Rehearing on Louisiana Classroom Ten Commandments Law

The district court’s injunction blocking the mandate stays in place during the appeal.

Overview

  • The court vacated the June panel ruling that had declared the law plainly unconstitutional.
  • All 17 active judges will reconsider Roake v. Brumley in an en banc proceeding.
  • House Bill 71 requires 11-by-14-inch posters using a specified Protestant translation to be displayed in every public K–12 and college classroom.
  • State defendants argue prior decisions relied on outdated precedent and misread Kennedy v. Bremerton, according to filings reported by Reuters.
  • Plaintiffs say the injunction remains in effect and note similar laws in Texas and Arkansas are also on hold during litigation.