Wednesday, January 27, 2021
EC Tests
The Court's EC doctrine is not clear. There is no single test the Court applies consistently. Here are some of the tests we will see in the caselaw:
1. Original Meaning
2. Historical
3. Lemon
4. Coercion (actual coercion)
5. Coercion (psycho-coercion or "killing me softly" coercion)
6. Endorsement Test (a version of the Lemon test)
7. "Grandfather" Test
8. The no-test test ("reasoned judgment").
Try to identify these tests when you see them in the opinions.
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