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Evaluating The Supreme Court's Establishment Clause Jurisprudence In The Wake Of Van Orden V. Perry And Mccreary County V. Aclu, Christopher B. Harwood

Missouri Law Review

Part I of this Article provides an account of the Van Orden and McCreary opinions (and, in so doing, lays the foundation for the remainder of the Article). Part II describes the predominant Establishment Clause principles - neutrality and accommodation. Then, using the Van Orden and McCreary opinions, it identifies the supporters and opponents of each principle (as of last term) and, thus, shows which principle enjoyed majority support; sets forth the justifications given by the Justices for their positions; and illustrates the principles' outcome determinative nature. Part II concludes by considering whether the death of Chief Justice Rehnquist and …