Friday, May 7, 2010

Supreme Court Makes Mojave Cross Ruling

The Mojave Cross case, involving a cross put up as a veterans memorial in the Mojave desert, has been decided by the Supreme Court. The Supreme Court narrowly ruled 5 – 4 in favor of the cross staying, overruling lower court decisions which had deemed the cross should go. The case has been ongoing for 10 years. Who knows how many low interest loans worth have gone into this particular court case.

Mojave Cross saved by narrow majority

The Mojave Cross case has been closely monitored, as it is the first case involving First Amendment issues of the Roberts Court. The opinion, as outlined by Fox News , was authored by Justice Anthony Kennedy. The consensus was the cross was deemed worthy to stay, as any veterans memorial being removed on grounds of the memorial being a cross would be a grave injustice to those who gave their lives in service. Justice Ailito added “is likely to have been seen by more rattlesnakes than humans.” The location is remote in a 1 million acre plus national park. You’d have to get instant cashjust to afford the gas money.

Original suit brought 10 years ago

The original suit started over 10 years ago with Frank Buono. Buono, along with the American Civil Liberties Union, originally brought suit after a request for a Buddhist shrine alongside the cross was denied. The Houston Chronicle reports that Jewish and Muslim vets also object to the monument, as they believe it precludes them from being honored.

The only veteran on the Supreme Court weighs in

John Paul Stevens dissented with the opinion, but agreed with keeping the memorial and is the only veteran on the Court. He asserted the cross is “dramatically inadequate and inappropriate tribute” for all veterans of all faiths.

There were some tries to fix things

The cross was ordered by Federal courts to be removed in the wake of the original suit. Congress made a quick act to deed the land to private ownership, but this was enjoined by federal courts. The case was picked in October of 2009 up by the Supreme Court. The land transfer is pending, but the Mojave cross will stay.

Article Sources

Fox News

http://www.foxnews.com/us/2010/04/28/high-court-supports-mojave-cross-calif/

Houston Chronicle

http://www.chron.com/disp/story.mpl/ap/top/all/6980141.html



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