The Fall of the Establishment Clause: Bias & Originalism in the Supreme Court

Benjamin Longren

University of Georgia


Abstract

This paper addresses the biases that have appeared in the U.S. Supreme Court. Recent controversial cases such as Carson v Makin, Dobbs v Jackson, and Kennedy v Bremerton have shown a distinct divide in Supreme Court rulings. This divide, along party lines, has been influenced by the justices’ political leanings, among other inherent biases. The rulings in the aforementioned cases have led to the fall of the establishment clause, a vital constitutional protection separating church from state. The potential ramifications of blurring the line between church and state are enormous and hurts the legitimacy of the U.S. Supreme Court.