Natalie Deyo Thompson , Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, for Amici Curiae State of Texas, State of Louisiana, State of Mississippi.
H. Christopher Bartolomucci, Esq. , Schaerr Jaffe, L.L.P., Washington, DC, for Amici Curiae Texas Representative Matt Krause, 17 Other Members of the Texas Legislature.
Richard Salgado , McDermott Will & Emery, L.L.P., Dallas, TX, for Amici Curiae Coalition for Jewish Values, Texas Catholic Conference of Bishops, Rabbinical Alliance of America, Islam and Religious Freedom Action Team of the Religious Freedom Institute.
Alex J. Luchenitser , Richard Brian Katskee , Legal Director, Americans United for Separation of Church & State, Washington, DC, for Amici Curiae Paul Finkelman, John A. Ragosta, Omar H. Ali, Chris Beneke, Alan Brownstein, Steven K. Green, Ira Katznelson, Franklin T. Lambert, David V. Mason, Peter S. Onuf, Frank S. Ravitch, Richard C. Schragger, Laurence H. Winer.
Aaron Karl Block , Block Firm, Atlanta, GA, for Amici Curiae Institute for Justice, Foundation for Individual Rights in Education.
Before Jolly, Smith, and Engelhardt, Circuit Judges.
Jerry E. Smith, Circuit Judge:
Just before the Founding, the Virginia General Assembly considered supporting clergy with a new tax. The tax would have been tiny. But James Madison fiercely objected. He observed, "[An] authority which can force a citizen to contribute three pence only ... for the support...
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