Supreme Court of the United States

Simpson v. United States — Thomas, J., dissenting

October 31, 2011565 U.S. 994

Summary

Justice Thomas dissents from the Court's refusal to grant certiorari, arguing that the Establishment Clause jurisprudence is in shambles and requires clarification. He criticizes the reliance on the Lemon and endorsement tests as nebulous and leading to arbitrary lower court decisions. He urges that this case presents a ripe opportunity to resolve conflicting standards among the circuits.