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Stuck In A Moment (Of Silence): The Seventh Circuit's Misapplication Of The Void For Vagueness Doctrine To The Illinois Silent Reflection And Student Prayer Act, Mary Ellen Vales

Seventh Circuit Review

In Sherman ex rel. Sherman v. Koch, the Seventh Circuit upheld the constitutionality of the Illinois Silent Reflection and Student Prayer Act, a statute that mandates a daily "brief period of silence" for reflection and prayer in Illinois public schools. Though the statute fails to define the meaning of a "brief period" and provides no mechanism for enforcement, the court found that the statute possessed sufficient certainty to pass constitutional muster. The void for vagueness doctrine states that a statute with vague language is unconstitutional under the Due Process Clause of the Fourteenth Amendment. While it is generally accepted …