Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Davenport v. American Atheists, Inc.

Petition for certiorari denied on October 31, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-1297 10th Cir. N/A N/A N/A N/A OT 2011

Issue: (1) What is the appropriate test for evaluating whether a passive display with religious imagery violates the Establishment Clause; (2) whether this Court should set aside the endorsement test in favor of the coercion test; and (3) whether a memorial cross placed on state land by a private organization to commemorate fallen state troopers is an unconstitutional establishment of religion.

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