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Mt. Soledad Cross Dsipute Headed to SCotUS

J.J. Jackson* | June 25, 2006 

From the ACLJ:

Yesterday evening the City Attorney in San Diego along with Mayor Jerry Sanders decided to take the Mt. Soledad case to the Supreme Court of the United States. I have already assembled one of our Supreme Court teams to file briefs on behalf of the Members of Congress that we represent, as well as ACLJ Members across the country in this important case. It appears at this time that the City will be asking for both a stay of the Ninth Circuit decision as well as a petition for writ of certiorari. The stay of the decision will allow the monument to remain while the litigation is pending at the Supreme Court. The petition for certiorari will ask the Court to grant plenary review of the Ninth Circuit decision.

Generally, under Supreme Court practice, the Circuit Justice in charge of the Ninth Circuit Court of Appeals has the authority to grant the stay. In this case, the Circuit Justice is Anthony Kennedy. Justice Kennedy can either grant the stay, deny the stay, or refer the stay to the entire Supreme Court for determination. It takes five votes to obtain a stay. In order for the case to be reviewed by the Supreme Court on the merits, it only takes four votes.

This is late breaking news and we will keep everyone posted as the matter progresses.

This is going to be a real test for how Constitutional the court has become since the latest two Justices (Alito and Roberts) were appointed. However Kennedy (as mentioned) is the justice in charge of this jurisdiction and he is all over the place with regards to his rulings.

Hopefully he will have a moment of clarity and grant the stay and also refer it to the whole Court.

The issue here is whether or not government is bared from recognizing and/or promoting religion. Of course the first Amendment says nothing about this but those on the political left continue to promote the fallacy. And when you have a court as system liberal as the Ninth Circus, it isn’t that hard to railroad Atheism down the throats of the people.

It’s freedom of religion, not freedom from religion.
==========================
Update: The Uncooperative Blogger has a good wrapup of what others are saying on this toic.

Persecution: How Liberals Are Waging War Against Christianity (Book) Authors:David Limbaugh Manufacturer:Regnery Publishing, Inc. Released:25 September, 2003

The New Thought Police: Inside the Left’s Assault on Free Speech and Free Minds (Book) Authors:Tammy Bruce Manufacturer:Prima Lifestyles Released:23 October, 2001

Contributor's website: http://www.libertyreborn.com




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