In Tradition We Trust?: An Examination of the Supreme Court's 'History and Tradition' Test

In Tradition We Trust?: An Examination of the Supreme Court's 'History and Tradition' Test

This program will examine the Supreme Court’s recent reliance on “history and tradition” as an interpretive methodology in Establishment Clause cases, while not applying the same framework in Free Exercise cases. Panelists will discuss the origins and implications of this approach, whether it represents a significant shift in Religion Clause jurisprudence, and how consistently – or inconsistently – the Court has applied this test across Establishment Clause and other constitutional cases. Speakers: Frank S. Ravitch – Professor of Law & Walter H. Stowers Chair of Law; Director, Kyoto Japan Program, Michigan State University College of Law Melissa Rogers – Nonresident Senior Fellow, Governance Studies Program, Brookings; Distinguished Scholar in Faith, Law, and Public Policy, Wake Forest University School of Divinity; former Special Assistant to the President and Executive Director, White House Office of Faith-Based and Neighborhood Partnerships Audra Savage – Associate Professor of Law, Wake Forest University School of Law Mark Storslee – Associate Professor and C. Boyden Gray Distinguished Scholar, University of North Carolina at Chapel Hill School of Law Moderator: Alan J. Reinach, Esq. – Executive Director, Church State Council; Co-Chair, ABA CRSJ Religious Freedom Committee -- Stay engaged. Learn more about the ABA Section of Civil Rights and Social Justice and explore ways to get involved: ambar.org/crsj