Case Citator › McCreary County v. American Civil Liberties Union of Kentucky

McCreary County v. American Civil Liberties Union of Kentucky

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Supreme Court of the United States
Citation
545 U.S. 844
Decided
Confirmed treatments
1
Flagged citations read
40 of 40
Citing cases (total)
40
Treatment dates
2022
Abrogated
A reviewed court treats this case as abrogated by later authority. McCreary County v. American Civil Liberties Union of Kentucky has been abrogated in part; the confirmed treatment is listed below. All 40 flagged citations have been read.
More on how this was screened

The Supreme Court abandoned the Lemon framework that supplied McCreary's secular-purpose analysis. In Nathan v. Alamo Heights Independent School District, the en banc Fifth Circuit recognized that McCreary's discussion of that framework no longer controlled its analysis after Kennedy v. Bremerton School District. Kennedy did not expressly overrule McCreary's judgment about the courthouse displays.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

40 later cases cite McCreary County v. American Civil Liberties Union of Kentucky; 40 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on McCreary County v. American Civil Liberties Union of Kentucky?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court abandoned the Lemon framework McCreary used to assess the government's purpose in displaying the Ten Commandments.

    Kennedy v. Bremerton School District · Supreme Court of the United States · filed

    What the District and the Ninth Circuit overlooked, how- ever, is that the “shortcomings” associated with this “ambi- tiou[s],” abstract, and ahistorical approach to the Establish- ment Clause became so “apparent” that this Court long ago abandoned Lemon and its endorsement test offshoot.
    Read the full opinion on CourtListener →

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