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U.S. Supreme Court will not intervene in fight over California cross
Source: Reuters
U.S. Supreme Court will not intervene in fight over California cross
BY SHARON BERNSTEIN
Mon Jun 30, 2014 1:06pm EDT
(Reuters) - The U.S. Supreme Court has for the second time declined to take up the question of whether the cross atop a San Diego war memorial constitutes an illegal endorsement of religion by the federal government.
In an unusual statement Monday supporting the decision not to hear the case, Justice Samuel Alito said that because a lower court's order to remove the massive cross atop a war memorial overlooking the city had been stayed pending appeal, there was no need for the high court to step in at this time.
"The district court has issued an order requiring the memorial to be removed, but it has stayed that order pending appeal," Alito wrote. "The court of appeals has not yet reviewed that order."
The 43-foot structure has been the subject of litigation since 1989, when two veterans sued San Diego to get it off city land.
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BY SHARON BERNSTEIN
Mon Jun 30, 2014 1:06pm EDT
(Reuters) - The U.S. Supreme Court has for the second time declined to take up the question of whether the cross atop a San Diego war memorial constitutes an illegal endorsement of religion by the federal government.
In an unusual statement Monday supporting the decision not to hear the case, Justice Samuel Alito said that because a lower court's order to remove the massive cross atop a war memorial overlooking the city had been stayed pending appeal, there was no need for the high court to step in at this time.
"The district court has issued an order requiring the memorial to be removed, but it has stayed that order pending appeal," Alito wrote. "The court of appeals has not yet reviewed that order."
The 43-foot structure has been the subject of litigation since 1989, when two veterans sued San Diego to get it off city land.
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Read more: http://www.reuters.com/article/2014/06/30/us-usa-california-cross-idUSKBN0F51ZB20140630
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