Written by Don Byrd
Noting that the dispute was not yet fully decided in lower courts, the Supreme Court declined the opportunity to take up a pair of cases involving a memorial cross displayed on public land in La Jolla, California’s Mt. Soledad.
Previously, the 9th Circuit ruled the Mt. Soledad cross an unconstitutional endorsement of religion, but presented the government with several options for solving the controversy, and left the cross in place pending appeal. Today’s decision sends the dispute back to a federal district court to determine the remedy.
In a consenting opinion, Justice Samuel Alito said denying to hear the case at this time makes sense.
“Because no final judgment has been rendered and it remains unclear precisely what action the Federal Government will be required to take, I agree with the Court’s decision to deny the petitions,” he wrote.
He also left open the possibility of the case later returning the court for a ruling.
“Our denial, of course, does not amount to a ruling on the merits, and the Federal Government is free to raise the same issue in a later petition following entry of a final judgment.”
This was the big news you were waiting for from the Supreme Court today, right?
