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 “a wall of separation between church and state.”
Judge Richard Suhrheinrich decried the ACLU’s “repeated references to the ‘separation of church and state,’” observing that “this extra-constitutional construct has grown tiresome.” Judge Alice Batchelder joined this decision.