The following comes from an Apr. 8 posting on the ScotusBlog.com.
The Obama administration told the Supreme Court on Monday that it objects strongly to a federal judge’s order that would require the government to take down a Christian cross that stands on a hill above San Diego, but said the Court should not get involved in the controversy until there is a final ruling in lower courts.
When the proper time comes, the new brief said, the government will ask the Justices to overrule a ruling by the U.S. Court of Appeals for the Ninth Circuit more than three years ago that the Mount Soledad cross represents a violation of the Constitution’s religion clause. It was in reaction to the Ninth Circuit’s ruling that a federal judge reluctantly ruled last December that the cross had to come down, as “the only remedy” for that violation. The judge’s order is on hold for the time being
Defenders of the cross have asked the Court to step in now, without waiting for the Ninth Circuit’s further review, and overturn the Circuit Court’s decision and, with it, the judge’s order to remove the Mount Soledad monument. That is the request the Obama administration refused to support at this time, in the case of Mount Soledad Memorial Association v. Trunk.
The cross, twenty-nine feet tall and standing on a fourteen-foot base, is on the hill known as Mount Soledad. It has been there since 1954, but it has been the center of constitutional controversy for twenty-five years. The dispute has been to the Supreme Court twice, but now is awaiting an appeal to the Ninth Circuit over the monument’s ultimate fate….
To read the original posting, click here.