Ilya Shapiro
Not only is this Lemon test vague and hard to apply, but it distracts courts from a focus on the original target of the Amendment: coercion.
Unless one thinks that the Constitution doesn’t matter or shouldn’t be enforced, it’s a legal text that legal training can help explicate.
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute and director of Cato’s Robert A. Levy Center for Constitutional Studies. His recent books include Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020).