Ann Schiavone (Duquesne University School of Law) has posted A "Mere Shadow" of a Conflict: Obscuring the Establishment Clause in Kennedy v. Bremerton (Duquesne University Law Review, Vol. 61, No. 1, 2023) on SSRN. Here is the abstract:
In Kennedy v. Bremerton School District,1 the Roberts Court continued its move to carve out larger spaces for religious practice and expression in public spheres. But in so doing it left lower courts and school districts with many more questions than answers concerning what the Establishment Clause means and what it requires of them. While giving breathing space to religious expression is valuable, and may in fact provide a correction to what some believe was an overzealous pursuit of secularism in prior Courts, there are risks resulting from the Kennedy decision that the Court seemingly discounted or simply ignored.