I was going to post some links to the briefs and editorials, but it looks like Peter beat me to the punch. I do, however, have a few comments about the cases. First of all, as I have stated elsewhere, the McCreary County case really should not be close. Whatever ones view is of the First Amendment and the scope of its prohibitions, it is obvious to any reasonable observer that the displays at issue here do not constitute "establishment" of any sort. They were historical displays that included numerous secular documents and symbols, united by a common theme about their impact on American law and government. The defendants in this case even took the unnecessary step of posting explanatory documents that informed viewers of the Commandments impact on American secular law. This does not offend the Constitution. The First Amendment does not forbid public officials from posting a historical display simply because some people may find the content of that display offensive.
Second, for anyone interested in reading the amicus brief filed by the Ashbrook Center and Senator Harris, I would like to point out that the brief addresses the plaintiffs "standing" problems at pages 4-8. I believe it is the only brief filed in this case that mentions the issue. Standing is central to any lawsuit because a plaintiff cannot sue if he or she has not been injured in some way by the defendant. The Supreme Court requires that a plaintiff show that he has actually suffered an injury, caused by the defendant, that will be remedied by the lawsuit. This is why the Supreme Court rejected Michael Newdows suit to remove "under God" from the Pledge of Allegiance. Newdow had not been injured in any way, so his suit was dismissed and the Court did not even need to address the merits of his claims.
As the amicus brief points out, the standing requirements were completely overlooked by the district court and the Sixth Circuit in McCreary County. None of the plaintiffs alleged an injury sufficient to confer standing. In fact, none of them ever even claimed to have seen the displays at issue. This case should have been dismissed by the district court a long time ago.