FREEDOM FROM RELIGION FOUNDATION, INC. v. MACK

No. 21-20279.

4 F.4th 306 (2021)

FREEDOM FROM RELIGION FOUNDATION, INC.; John Roe, Plaintiffs-Appellees, v. Wayne MACK, Individual Capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED July 9, 2021.


Attorney(s) appearing for the Case

Samuel Troxell Grover , Freedom From Religion Foundation, Madison, WI, Ayesha N. Khan, Esq. , Rock Creek Law, LLC, Bethesda, MD, for Plaintiffs-Appellees.

Allyson Newton Ho , Bradley G. Hubbard , Elizabeth Ashley Kiernan , Matthew Scorcio , Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, Katherine Leigh Montoya , Gibson, Dunn & Crutcher, L.L.P., Washington, DC, for Defendant-Appellant.

Before Higginbotham, Smith, and Oldham, Circuit Judges.


The question presented is whether a justice of the peace is entitled to a stay pending appeal. On cross-motions for summary judgment, the district court held the judge violated the Establishment Clause, as incorporated against the States by the Fourteenth Amendment, by allowing volunteer chaplains to perform brief...

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