[T]he equities here support preserving the status quo while the city's appeal proceeds. Compared to the irreparable harm of altering the memorial and removing the cross, the harm in a brief delay ... seems slight. In addition, two further factors make this case "sufficiently unusual" ... to warrant granting a stay. First, a recent Act of Congress has deemed the monument a "national memorial honoring veterans of the United States Armed Forces" and has authorized the Secretary of the Interior to take title to the memorial on behalf of the United State if the city offers to donate it. Sec.116, 118 Stat. 3346.... Second, San Diego voters, seeking to carry out the transfer ... have approved a ballot proposition authorizing donation of the monument to the United States. While the Superior Court ... has invalidated the ballot proposition [on state constitutional grounds,] ... if the state appellate court reverses ... and allows the memorial to become federal property, its decision may moot the District Court's injunction, which addresses only the legality under state law of the cross' presence on city property....Today's San Diego Union-Tribune has a story on Justice Kennedy's decision.
[Thanks to SCOTUS Blog for the link.]
