Michael Heise (Cornell Law School) and Gregory C. Sisk (University of St. Thomas School of Law) have posted Ideology ‘All the Way Down’? An Empirical Study of Establishment Clause Decisions in the Federal Courts to SSRN. From the abstract:

A religious-secular divide that has become associated with the two major political parties increasingly characterizes our national political discourse about the proper role of religion and religious values in public life. The federal courts may be sliding down into the same “God Gap” that has opened and widened between left and right and between Democrat and Republican in the political realm. Because of the notorious lack of clarity in the Supreme Court’s Establishment Clause jurisprudence and a consequent low level of law formality, the door has been thrown wide open to unrestrained political judging. Sadly, the Supreme Court’s Establishment Clause doctrine has become an attractive nuisance for political judging.


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