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The East Wing and Justice Breyer's Concurrence in Van Orden v. Perry

A court-ordered demolition of a White House national security facility, broadcast to the entire world, would be a Rubicon that should not be crossed.

Josh Blackman | 8.18.2026 9:19 AM

When I studied the First Amendment circa 2007, we struggled to reconcile two Establishment Clause cases decided on the same day. In McCreary County, the Court held that a display of the Ten Commandments posted on the wall of a courthouse was unconstitutional. And in Van Orden v. Perry, the Court held that a large stone monument of the Ten........

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