The U.S. 5th Circuit Court of Appeals yesterday, sitting en banc, heard oral arguments in two cases raising the question of the constitutionality of state laws requiring the posting of the Ten Commandments in public school classrooms. (Audio of full oral arguments.) Roake v. Brumley challenges the Louisiana statute. In that case a 3-judge panel of the 5th Circuit affirmed a district court's grant of a preliminary injunction, after which the 5th Circuit granted en banc review. In Nathan v. Alamo Heights Independent School District, a Texas federal district court issued a preliminary injunction barring 11 Texas school districts from complying with Texas SB 10 that requires posting of a particular version of the Ten Commandments in every classroom. On appeal, the 5th Circuit consolidated it for argument with the previously granted en banc hearing on the Louisiana law without a prior 3-judge panel hearing the appeal. NOLA reports on the hearing.
