What to Watch in the Fifth Cir.'s En Banc Session: Texas Brief

The Fifth Circuit’s en banc session this week is worth watching for a couple of reasons:

1. They’re taking on more cases in a single sitting than they have in at least 25 years, and
2. Most of the cases touch on hot-button Texas issues.

In today’s case, the full court will consider whether Louisiana and Texas can require public schools to display the Ten Commandments in classrooms. Courts have so far agreed the answer’s likely no. A three-judge panel ruled Louisiana’s law was “plainly unconstitutional,” and a lower court came to a similar preliminary decision about the Texas requirement. One more ...