The San Diego UnionTribune reports that yesterday the U.S. 9th Circuit Court of Appeals turned down San Diego's appeal of a district order to remove the Mt. Soledad Cross or face a fine of $5000 per day. (See prior posting.) San Diego Mayor Jerry Sanders said that the city would comply with the order district court order if no other way of preserving the cross can be worked out.
UPDATE: Apparently the 9th Circuit's action was a refusal to grant a stay of the district court's order during the appeal of the case. At the same time, the 9th Circuit scheduled oral argument in the case for the week of October 16, 2006, long after the district court's deadline for removing the cross. (Release by Thomas More Law Center.)
UPDATE 2: The city of San Diego announced on Thursday that it will ask the U.S. Supreme Court to review the 9th Circuit's decision. (AP report.)
