Saturday, February 11, 2012

Supreme Court Review Sought In Mt. Soledad Cross Case

A petition for certiorari (full text) was filed with the U.S. Supreme Court on Thursday in City of San Diego v. Trunk, (cert. filed 2/9/2012). In the case, a 3-judge panel of the 9th Circuit held that the now federally-owned Mt. Soledad Memorial featuring a 43-foot high cross conveys a government message of endorsement of religion that violates the Establishment Clause. Subsequently the full 9th Circuit refused an en banc rehearing. However 5 judges, joined an opinion dissenting from the denial of en banc review. (See prior posting.) Liberty Institute issued a press release on the filing of the petition for review with the Supreme Court. AP reports that a rally by 75 supporters to mark the filing of the petition also drew three dozen opponents.