ACLU v. Mercer County
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The Eighth Circuit ruled in favor of a display of the Ten Commandments in ACLU v. Mercer County (2005) by declaring that the Constitution does not demand âa wall of separation between church and state.â
Judge Richard Suhrheinrich decried the ACLUâs ârepeated references to the âseparation of church and state,ââ observing that âthis extra-constitutional construct has grown tiresome.â Judge Alice Batchelder joined this decision.