It’s beginning to feel a lot like Christmas. And that means that throughout the land, litigants are heading to court to wage war over crosses, crèches, and Christmas trees. In the meantime, those wishing to spread Christmas cheer in the public square are suddenly emboldened to use court orders to get it done.
Three years ago, Dahlia Lithwick tried to explain the current state of the Supreme Court’s jurisprudence on holiday displays. The law in this area borders on the unfathomable. But having agreed to hear a pair of cases about the Ten Commandments later this winter, there is some hope that the court will finally clarify things well before next year’s lawsuits are filed.