Tomorrow the U.S. 5th Circuit Court of Appeals will hear arguments en banc in Staley v. Harris County Texas, to review a 2-1 a panel decision upholding an Establishment Clause challenge to a monument to a local philanthropist that contained a Bible and was located on the grounds of the Harris County, Texas courthouse. (See prior posting.) However the case now takes on a new twist. Today's Houston Chronicle reports that last Friday the monument was totally removed from the courthouse lawn as part of a courthouse renovation. The Bible had already been removed in response to a federal court order. The contractor carrying out the renovation said the county wants to reinstall the monument elsewhere on county property with the Bible back in it. Plaintiff's attorney Randall Kallinen says this is an attempt by the county to get the case dismissed as moot.
UPDATE: A report from the Houston Chronicle covers oral arguments that were held on Tuesday before 16 judges on the 5th Circuit. Questions focused on whether the case had become moot, instead of focusing on the merits. In response to a question from Judge E. Grady Jolly, plaintiff's lawyer said his client would accept a mootness finding if the district court's decision and ruling on attorney fees were not vacated.
