“The judge is a Bush appointee, by the way, so count me skeptical that that would accomplish much.”
The “Bush Appointee” ruled the cross was constitutional. It is the Ninth circuit that reversed that ruling. The U.S. Supreme Court declined to hear the case last year, but said it could reconsider once a lower court enters a final judgment.
Burns ordered the cross to be removed then stayed that order until all appeals have been exhausted.
Both sides consider this a victory. Cross supporters say this ruling moves them closer to getting the case reviewed once and for all by the Supreme Court.
“I’m somewhat upbeat about this. Believe me, we’ve had darker days,” said one of the opposing lawyers, Charles LiMandri, president and chief counsel of Freedom of Conscience Defense Fund.
Yes, we should probably blame the system rather than that particular judge.