SCOTUS Invites Lower Court to Untie Hands

High Court should have relegated the ‘Lemon Test’ to the dustbin of constitutional history


WASHINGTON, D.C. – The U.S. Supreme Court today ordered a lower court to reconsider its earlier ruling that a World War II-era memorial cross in Pensacola must be removed. In Kondrat’yev v. City of Pensacola, a federal appeals court had ruled that the 78-year-old cross must come down, with two of the three judges saying that the outcome was “wrong” but that their “hands were tied” because of the so-called “Lemon Test.”
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