On Friday, February 20, 2026, the full 5th U.S. Circuit Court of Appeals delivered a landmark ruling in Roarke v. Brumley, voting 12–6 to lift the preliminary injunction that had blocked Louisiana’s H.B. 71 — a law requiring poster-sized displays of the Ten Commandments in every public school classroom from kindergarten through college. The decision reverses two prior rulings against the law and allows Louisiana to immediately begin enforcing the requirement.
For believers who have long understood that God’s moral law is the bedrock of Western civilization and the American legal tradition, this is a watershed moment. The court has affirmed what millions of Christians already know: the Ten Commandments belong in the public square — and in the schoolhouse.
What the Court Decided
Louisiana Governor Jeff Landry, a Republican, signed H.B. 71 into law in 2024, making Louisiana the first state to mandate Ten Commandments displays in classrooms since the U.S. Supreme Court struck down a similar Kentucky law in Stone v. Graham (1980). A coalition of parents, backed by the ACLU and the Freedom from Religion Foundation, sued to block the law. A federal district court granted an injunction, and a three-judge panel of the 5th Circuit upheld it in June 2025, calling the law “plainly unconstitutional.”
But the full court saw it differently. In an unsigned majority opinion, the en banc 5th Circuit held that the legal challenge was not yet “ripe” — meaning that without knowing how local school boards would actually implement the law, the courts could not fairly evaluate the constitutionality of displays they had never seen. The majority wrote that ruling without those facts would not be judging but “guessing,” a task that exceeds the judicial function.
Because H.B. 71 gives local school boards discretion in how they display the Ten Commandments — including what other materials may accompany them and how prominently they appear — the court concluded the law cannot be struck down across all possible applications.
Key Facts of the Ruling
Case: Roarke v. Brumley (5th Circuit, en banc)
Vote: 12–6 to vacate the preliminary injunction
Effect: Louisiana may immediately enforce H.B. 71 requiring Ten Commandments displays in all public K–12 and college classrooms
What it does NOT do: The ruling does not declare the law constitutional on the merits. Future challenges based on specific implementations remain possible.
Judge Ho’s Bold Concurrence
While the majority opinion was procedural in nature, Judge James C. Ho — a Trump appointee — wrote a powerful concurrence arguing the court should have gone further and declared H.B. 71 constitutional on the merits. Judge Ho wrote that the law reflects the Founders’ firm belief that the children of America should be educated about the religious foundations and traditions of our country. He argued that the Supreme Court’s 2022 ruling in Kennedy v. Bremerton School District, which scrapped the decades-old Lemon test for evaluating Establishment Clause cases, effectively overturned the Stone v. Graham precedent, even if the high court has not explicitly said so.
Louisiana Attorney General Liz Murrill welcomed the decision, stating that her office has issued clear guidance to schools on how to comply with the law and has created examples of posters demonstrating constitutional displays. She noted that the law envisions the Ten Commandments displayed alongside other foundational documents like the Mayflower Compact and the Declaration of Independence.
A Growing National Movement
Louisiana is not alone. Arkansas passed a similar law that has been challenged in federal court. Texas enacted its own Ten Commandments display law, which took effect on September 1, 2025 — the largest such effort in the nation — though some districts have been barred from posting them while litigation continues. Many Texas school districts have already placed the posters in classrooms, either paying for them or accepting donations.
Eighteen state attorneys general, led by Kentucky, filed a brief supporting Louisiana’s case before the 5th Circuit. Legal experts widely expect the case to reach the U.S. Supreme Court, where a 6–3 conservative majority could settle the question for the nation.
What This Means for Alabama
Alabama’s Ten Commandments Bills: SB99 & HB216
This ruling could not come at a more important time for Alabama. Right now, identical bills SB99 (sponsored by Sen. Keith Kelley, R–Anniston) and HB216 are advancing through the Alabama Legislature. SB99 cleared the Senate Education and Policy Committee on February 12, 2026, and is headed to the Senate floor.
Alabama’s approach is carefully crafted. The bills would require displays titled “Historical Truths: The Ten Commandments and America’s Founding Documents” in U.S. history classrooms (grades 5–12) and one common area per school. The posters would include excerpts from the Declaration of Independence, the U.S. Constitution, the Bill of Rights, and the Alabama Constitution’s preamble, along with a disclaimer that Alabama is not establishing a religion. Schools would not be required to use their own funds — they may accept donated displays.
Today’s 5th Circuit ruling strengthens the legal foundation for Alabama’s legislation. Alabama voters already approved a constitutional amendment in 2018 allowing Ten Commandments displays on public property. Now is the time for the Legislature to act.
Contact Your Legislator →A Biblical Foundation for a Nation
The argument that the Ten Commandments are merely religious and have no place in public education ignores the plain record of history. The principles encoded in the Decalogue — the sanctity of life, the protection of property, the importance of truth-telling, the honoring of parents — are woven into the fabric of American law and governance. From the Supreme Court building in Washington, where Moses appears holding the tablets, to the very structure of constitutional government, the influence of the Ten Commandments is undeniable.
The ACLU and allied groups will continue to fight this ruling, and the case may ultimately reach the Supreme Court. But today, the tide is turning. The legal landscape has shifted dramatically since the Supreme Court dismantled the Lemon test in 2022, and courts are increasingly recognizing that faith has a rightful place in the public institutions of a nation founded under God.
What You Can Do
The Christian Coalition of Alabama calls on every believer to take action in this pivotal moment. Contact your state senator and representative and urge them to pass SB99 and HB216. Pray for the judges who will continue to hear these cases and for the protection of religious liberty in our schools. Share this article with your church, your family, and your community. The battle for the soul of our nation is being fought in the classroom — and we must not be silent.
The Christian Coalition of Alabama will continue to track this case and Alabama’s Ten Commandments legislation. Check back at Latest Intel for updates.