5th Cir.'s Take on the 10 Commandments in Class: Texas Brief

Jan. 21, 2026, 1:06 PM UTC

Texas and Louisiana officials want the Ten Commandments to be posted in every public school classroom. After yesterday’s Fifth Circuit en banc arguments, they may feel good about their odds.

Conservative judges appeared unconvinced that the laws were unconstitutional. Judge James Ho questioned why students could recite the Pledge of Allegiance each day, but the Ten Commandments couldn’t be displayed.

One fascinating issue that Jacqueline Thomsen raised in her reporting: When is a US Supreme Court ruling no longer a binding precedent?

Several judges asked if a 1980 SCOTUS ruling blocking a similar Kentucky rule still applied, since ...

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