Simpson Thacher, alongside the ACLU, ACLU of Arkansas, Americans United for Separation of Church and State and the Freedom From Religion Foundation, secured a victory in a federal district court in Fayetteville, Arkansas on behalf of 7 families challenging the state’s recently-enacted law requiring all public school classrooms to permanently display a government-approved, denominational version of the Ten Commandments. The court determined that the law is "plainly unconstitutional" under both the Establishment and Free Exercise Clauses of the First Amendment, and preliminary enjoined its implementation in the school districts that were defendants in the case.
In his August 4, 2025 decision, District Court Judge Timothy Brooks ruled: "Forty-five years ago, the Supreme Court struck down a Ten Commandments law nearly identical to the one the Arkansas General Assembly passed earlier this year. That precedent remains binding on this Court and renders Arkansas Act 573 plainly unconstitutional." Judge Brooks further ruled that the law's mandate "is incompatible with the Founding Fathers' conception of religious liberty" and further found Act 573 unconstitutional on the grounds of historical practices and understandings to avoid religious coercion in public schools.
The lawsuit was filed on June 11, 2025 on behalf of a group of multifaith Arkansas families with children in public schools and alleged that the displays would pressure students into religious observance.
The Simpson Thacher team included Jonathan Youngwood, Janet Gochman, Noah Gimbel, Nicholas Prendergast, Jordan Krieger, Noah Manthorne Huffman and Victoria Wang.
The case has been covered by publications including AP, CBS News, CNN, Fox News, The Hill, NBC News, Newsweek, USA Today, U.S. News & World Report and many more.