[20190212]LSB10259_最高法院可重新考虑设立条款判例以质疑交叉展示：第一部分.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court May Reconsider Establishment Clause Jurisprudence in Challenge to Cross Display: Part One Updated February 12, 2019 On February 27, in American Legion v. American Humanist Association, the Supreme Court is scheduled to hear oral argument on the constitutionality of a large cross that was erected as a war memorial in Prince Georges County, Maryland. Last year, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) held that the cross display violated the First Amendments Establishment Clause. The Supreme Court agreed to review this decision, considering not only whether the memorial is unconstitutional, but also what test should govern this inquiry. The case thus presents the Court with the opportunity to clarify its Establishment Clause jurisprudencean area of the law that scholars and judges alike routinely deride for lacking clear legal rules. It also offers the first significant opportunity for the newest members of the Court, Justices Gorsuch and Kavanaugh, to weigh in on this area of the law. This is a two-part Legal Sidebar. This first part briefly reviews