Season 2, Episode 31 (Show 83): Tackling Kennedy

July 27, 2022

A long line of Establishment Clause cases has brought us to the gridiron, as a coach flamboyantly asserts the primacy of his rights, even as he represents the State.  Professor Amar takes us through this long and fascinating line of cases.

Our tour through the late-term Supreme Court cases now runs through the football field where Coach Kennedy sits praying on the 50 yard line.  Professor Amar calls the play – a run through the string of cases that took the Court to this point by way of Abington and progeny.  We wind up in this fact-specific case with turns and twists, and detours through the pledge of allegiance and an old Missouri case along the way.  It’s a master law school class in case analysis, and we aren’t so sure that the majority passed.