Alas, the Lemon test does not require judges to use the scientific method in resolving a dispute about effects. Instead, prejudice trumps. There was no empirical observation of advancement of religion in this case for the simple reason that it was assumed from the outset. At least with the inverted legal reasoning of the Queen of Hearts, evidence had to come after she had announced the verdict. In the day to day operation of the Lemon test, evidence is never needed.
Assertions can pass for findings of fact.
Imagine someone in the government with power to censor serious debate over the origins of life, and you will understand the power of the court injunction in the Louisiana disclaimer case. Imagine the ipse dixits that passed for legal reasoning in this case, and you will grasp the unsatisfactory character of an opinion that closes down discussion on the implausible fear that critical thinking about the origins of life in the universe is unconstitutional. Edward McGlynn Gaffney, Jr. is a professor of law at Valparaiso University.