WOW this is great news - and this is from the 9th Circus? I can hardly believe it.
Bump!!!
So we have the Church of Scientology to thank for this? Oh well, I'll celebrate anyway. :) WOOHOO!!!!!
This isn't anything I'd call good because they dismissed it simply because the land ownership was transferred.
Sounds like good news. Do I understand this as possibly suggesting that the ACLU will have to pay attorney's fees for the cross defenders?
Woo Hoo!!
Here's the money quote re: the feds taking control....
"The legislative taking immediately divested the City of
any interest in the war memorial, see Kirby Forest Indus., Inc. v. United States, 467 U.S. 1, 5 (1984), and the United States is not subject to state constitutional authority. Accordingly, the May 3, 2006 order is no longer enforceable, and the appeal is DISMISSED as moot."
A most excellent ping. Made my day. I would like to see the ACLU pay all the fees for the years and years of useless litigation. The litigators and the judges should also be punished also for their ridiculous rulings. Otherwise, they will pop up again with some other lawsuit. They must face reprisals that hit them BIG in the pocket book.
In 1989, Athesist, Philip Paulson and Howard Kreisner filed suit in Federal court to have the cross moved off public land. “We need to attack Jesus!”
– atheist Philip Paulson, who filed a lawsuit challenging the presence of the cross on city land in 1989.
U.S. District Judge Gordon Thompson Jr., May 4, 2006, “It is now time, and perhaps long overdue, for this Court to enforce its initial permanent injunction forbidding the presence of the Mount Soledad Cross on City property,”
Superior Court Judge Patricia Yim Cowett, maintenance of the cross is an “unconstitutional preference of religion.”
Cowett also said transferring ownership of the 43-foot cross and surrounding property to the federal government is an “unconstitutional aid to religion.”
In a July 26, 2005, special election, 76 percent of San Diego voters cast ballots for Proposition A.
Today the will of the people has been upheld. Good work and proof that the ACLU and many judges do not know what they are doing and have an agenda!
The man who tried to deal with this in congress is Duncan Hunter.
Hunter Introduces Legislation Protecting Mount Soledad Veterans Memorial
Washington, D.C. – Late last evening, Congressman Duncan Hunter (R-CA) introduced H.R. 5683, the Mt. Soledad Veterans Memorial Protection Act. The legislation preserves the Mt. Soledad Veterans Memorial in San Diego, California by transferring possession of the Memorial to the federal government.
“The Mt. Soledad Veterans Memorial has been a fixture of our local community for over 50 years, honoring veterans of all wars, including the Global War on Terrorism,” said Congressman Hunter. “Unfortunately, this Memorial and its proud history has been identified as offensive and in violation of the California State Constitution by liberal judges who have sided with a self-proclaimed atheist receiving legal and financial support from the ACLU.
“Despite its recognition as a National Veterans Memorial by Congress and the voters of San Diego, the City has been given until August to remove the Memorial or face fines for each day it continues to stand. This ruling ignores the mandate delivered by the people of San Diego County and turns this beloved Memorial into a political test case for liberal activists and their agenda.
“The fight to save the Mt. Soledad Veterans Memorial is not about religion. It’s about protecting a symbol of our freedom and honoring those who have chosen to defend it at all costs. Removing this long recognized and respected landmark is an insult to the men and women memorialized on its walls and the service and sacrifice of those who have worn a uniform in defense of our nation.
“It is important that we exhaust every possible option for preserving this revered Memorial and ensuring its continued presence atop Mt. Soledad. As part of this process, the legislation will supplement any administrative efforts to protect the Memorial.” (snip)
http://www.house.gov/list/press/ca52_hunter/pr_060627_hr5683.shtml