Ten Commandments Case Going to Full En Banc Fifth Circuit Court of Appeals Virtual Press Conference to Follow: To RSVP please email Moisés Serrano at [email protected]. 

Media Contacts:

ACLU, Ella Wiley, [email protected], 925-819-0555

ACLU of Louisiana, Jesse Vad, [email protected]

ACLU Texas, Kristi Gross, [email protected]

Americans United, Moisés Serrano, [email protected]

Freedom From Religion Foundation, Amit Pal, [email protected]

Simpson Thacher & Bartlett LLP, Caroline Fatchett, [email protected]

WHAT: The full U.S. Court of Appeals for the Fifth Circuit will hear en banc oral arguments in two consolidated cases challenging state laws requiring public schools to display the Ten Commandments in every classroom: Rev. Roake v. Brumley (Louisiana) and Rabbi Nathan v. Alamo Heights Independent School District (Texas).

This marks the second time the Fifth Circuit will hear the Louisiana case, nearly one year after a unanimous three-judge panel ruled in June 2025 that Louisiana's House Bill 71 is "plainly unconstitutional" under the Establishment Clause of the First Amendment. The full court vacated that decision in October 2025 and agreed to rehear the case en banc.
WHEN: Tuesday, January 20, 2026, 1 p.m. CT. Virtual press conference 4:30 p.m. CT.
WHERE: U.S. Court of Appeals for the Fifth Circuit, En Banc Courtroom, 600 Camp St. New Orleans, LA 70130 (Livestream available HERE)
 

WHO:

Daniel Mach, (he/him) Director of the ACLU Program on Freedom of Religion and Belief
Alanah Odoms (she/her), Executive Director of the ACLU of Louisiana

Rachel Laser (she/her), President and CEO of Americans United

Jonathan Youngwood (he/him), Partner at Simpson Thatcher & Bartlett LLP

Chloe Kempf (she/her), staff attorney, ACLU of Texas

Sam Grover, (he/him), Senior Counsel at the Freedom From Religion Foundation

MEDIA AVAILABILITY:
Plaintiffs’ attorneys and organization leaders will be available to speak with the press directly after the arguments outside of the courthouse.

A virtual press conference will follow at 4:30 p.m. CT where plaintiffs will speak.

To RSVP for the virtual press conference, please email Moisés Serrano at [email protected].

THE LOUISIANA CASE:
In Roake v. Brumley, a group of nine multifaith and nonreligious Louisiana families with children in public schools challenged H.B. 71, which requires every elementary and secondary public school classroom in Louisiana to permanently display a government-approved, Protestant version of the Ten Commandments.

A federal district court issued a preliminary injunction in November 2024, blocking implementation of the law and finding it "facially unconstitutional." A three-judge panel of the Fifth Circuit unanimously upheld that decision in June 2025, holding that the law violates longstanding Supreme Court precedent established in Stone v. Graham (1980), which struck down a similar Kentucky statute.

THE TEXAS CASE:
In Rabbi Nathan v. Alamo Heights Independent School District, a multifaith group of 16 religious and nonreligious families challenged Senate Bill 10, which requires the same displays in Texas public schools. In August of 2025, a federal judge granted a preliminary injunction blocking the 11 school districts named in the suit from displaying the posters, ruling that S.B. 10 is unconstitutional and “crosses the line from exposure to coercion."

A second federal judge also found S.B. 10 to be unconstitutional and issued a preliminary injunction ordering 14 additional school districts to take down the posters and bar them from putting them up.The state has appealed this case to the Fifth Circuit but a hearing date has not yet been scheduled. A third lawsuit, but first class action lawsuit brought by 18 multifaith and nonreligious families, was filed in December 2025. This case is currently pending before the district court. Neither of these cases are being heard on Tuesday.

PLAINTIFFS' REPRESENTATION:
The Louisiana plaintiffs in Roake v. Brumley are represented by the ACLU of Louisiana, the ACLU, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with Simpson Thacher & Bartlett LLP serving as pro bono counsel.

The Texas plaintiffs are represented by the ACLU of Texas, the ACLU, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with Simpson Thacher & Bartlett LLP serving as pro bono counsel.

To RSVP for the virtual press conference, please email Moisés Serrano at [email protected].