法理学翻译.docVIP

法理学翻译 ELMBROOK SCHOOL DIST. v. DOE SCALIA, J., dissenting fronted and curtailed this errant line of precedent in Town of Greece v. Galloway, 572 U. S. ___ (2014), which upheld under the Establishment Clause the saying of prayers before monthly town-council meetings. Because that case made clear a number of points with which the Seventh Circuit’s decision is fundamentally inconsistent, the Court ought, at a minimum, to grant certiorari, vacate the judg- ment, and remand for reconsideration (GVR). Endorsement First, Town of Greece abandoned the antiquated “en- dorsement test,” which formed the basis for the decision below. In this case, at the request of the student bodies of the two relevant schools, the Elmbrook School District decided to hold its high-school graduation ceremonies at Elmbrook Church, a nondenominational Christian house of worship. The students of the first school to move its ceremonies preferred that site to what had been the usual venue, the school’s gymnasium, which was cramped, hot, and uncom- fortable. The church offered more space, air conditioning, and cushioned seating. No one disputes that the church was chosen only because of these amenities. Despite that, the Seventh Circuit held that the choice of venue violated the Establishment Clause, primarily be- cause it failed the endorsement test. That infinitely mal- leable standard asks whether governmental action has the purpose or effect of “endorsing” religion. See County of Allegheny v. American Civil Liberties Union, Greater Pittsburgh Chapter, 492 U. S. 573, 592–594 (1989). The Seventh Circuit declared that the endorsement test re- mains part of “the prevail