A Possible Endorsement Test Case for the U.S. Supreme Court?

Volokh Conspiracy: “Yesterday, the Tenth Circuit voted 5–4 not to rehear the Utah roadside cross memorial case, American Atheists, Inc. v. Duncan. The result, and the forceful dissents from denial of rehearing en banc, make it likely that the Supreme Court will agree to hear the case, and perhaps overturn the Establishment Clause endorsement test . . . “