Salazar v Buono Argued Today at Supreme Court

joshua — Wed, 07 Oct 2009 19:03:57 +0000

The Court today heard arguments in Salazar v Buono, a highly anticipated establishment clause case. Many observers thought the Court might decide the case on standing, leaving the pricklier 1st amendment issue alone, but based on oral arguments that seems unlikely. The case was brought by a retired National Parks Service employee who objected to a cross on park lands that serves as a war memorial for World War One veterans. Although the cross was originally erected privately and continues to be maintained privately, it stood for years on land owned by the government. To protect it from 1st amendment claims made by the retired employee, Congress voted to sell a small patch of land, including the rock on which the cross stands, to the VFW. At issue now is whether or not doing so removed the establishment clause issue.

Supreme Court To Decide On Mojave Cross

Erik Even — Tue, 24 Feb 2009 23:32:54 +0000

The Supreme Court agreed on Monday to decide whether or not a cross honoring fallen soldiers in the Mojave National Preserve is a violation of the 1st Amendment. It will be the first time that the court will hear a case regarding “an establishment of religion” with John Roberts as the Chief Justice.

The current cross is eight feet tall, though a smaller wooden cross was erected by the Veterans of Foreign Wars in 1934 and was maintained by the National Park Service as a war memorial.

The American Civil Liberties Union objected to the cross and filed a suit on behalf of Frank Buono, a former Park Service employee. The suit noted that the government declined to build a Buddhist shrine near the cross.

The case appeared before the U.S. 9th Circuit Court of Appeals. The court ruled in favor of the ACLU, declaring the cross an “impermissible government endorsement of religion.”

The government has questioned Buono’s right to challenge the cross. Mr. Buono lives in Oregon and, according to government lawyers, suffers no obvious harm because of the cross’ existence.

JD Journal » mojave cross

Salazar v Buono Argued Today at Supreme Court

Supreme Court To Decide On Mojave Cross