Chandler v. Siegelman

I respectfully dissent from the court’s denial of rehearing en banc. I believe the reinstatement of the panel decision in this case,1 (“Chandler II ”) after remand by the *1033Supreme Court in light of Santa Fe Independent School District v. Doe, 530 U.S. 290, 120 S.Ct. 2266, 147 L.Ed.2d 295 (2000) (“Santa Fe ”), is precluded by the Supreme Court’s Establishment Clause precedent, especially Santa Fe, and warrants consideration by the entire court.

This case arose as a result of the fourth attempt by the Alabama legislature to pass a law intended to facilitate “student prayer” in public classrooms…