Supreme Court: Mojave cross can stay.

PMSMBC ^ | 28 Apr 2010 | The Associated Press

[US Navy Vet]

WASHINGTON - The Supreme Court has said a federal court went too far in ordering the removal of a congressionally endorsed war memorial cross from its longtime home in California.

[gunsequalfreedom]

A net news church turns up very little copy on the story.

Anyone have a link to a detailed story about the cross?

[Lancey Howard]

The ruling was 5-4, with the court's conservatives in the majority.

This nation remains just one vote away from total sloth and chaos.

[HuntsvilleTxVeteran]

“It is a sad day for our country when the moral foundation
of our law and the acknowledgment of God has to be hidden
from public view to appease a federal judge.”

I am glad they over turned the earlier appeasement!

Quote is not mine, I forgot who wrote it.

[Guenevere]

I just saw it scrawled across the bottom of the TV screen....

[bigheadfred]

Judge Roy Moore

Sad Day

I think we are already there Lancey. Looking for something that has already found us.

[OldDeckHand]

"Hoping for some legal expert to relieve me of my fear (based on a brief skim of the decision) that there might be less here than meets the eye."

I just flipped through. What caught my eye immediately, is that Steven's dissent is longer than the majority and concurring opinions, combined. Thankfully, Steven's is retiring. What a disaster he has been, especially considering he was a Republican pick.

[jazusamo]

Very good news but sad that it was an issue in the first place and sadder still it wasn’t a unanimous decision by SCOTUS.

[OldDeckHand]

"Hoping for some legal expert to relieve me of my fear (based on a brief skim of the decision) that there might be less here than meets the eye."

There is. After quickly skimming the decision, it has MUCH less to do with the merits of Buono's case, than it does technical aspects of how the trial court applied the law. Scalia goes further to assert that the the lower court's decision went beyond the initial injunction, and that as a matter of law, violated the principle of standing.

Alito has given direction to the lower court, and has remanded the case back to the trial court for further proceeding.

While I'm not a mind-reader, I believe that eventually this case will be decided on the merits, and we'll see a similar decision - assuming of course the balance of the court remains unchanged by the time it makes a second appearance.

[Labyrinthos]

The SCOTUS did NOT rule that the "cross can stay." In a plurality decision, the Court remanded the case back to the District Court for further factual development consistent with the SCOTUS's opinion. The SCOTUS, however, did not rule that the cross can stay, and the District may very well direct the removal of the cross, subject to further appellate review.

[Salvation]

Fox had it on the morning program.

[I still care]

The other amazing thing is up to now it has been covered up with plywood.

Can you imagine what our founding fathers would have said if they heard this? That we are covering up crosses with plywood because someone might see them?

They would be astounded. They would wonder where they went wrong, that people could so misconstrue the Constitution they put so much effort into.

[Salvation]

YES!!

[Edgerunner]

There’s our ‘bread crumb’ for the month.

I see YOU GET IT!

[Deb]

So now we find out the cross was endorsed by Congress? Maybe we could have heard about this little fact before.

[Kaslin]

It's on Yahoo from AP

High court says Mojave cross in Calif. can stay

[muawiyah]

Thanks for the reference.

Breyer's dissent is a demonstration of why the "reasonable observer" standard is inappropriate in any First Amendment religion case involving the government.

The Constitution itself prohibits the government from taking a position on the validity of any religious claim ~ which is undoubtedly why Breyer went to the "reasonable observer" standard in addressing the case.

What a wily subterfuge. He agrees with OUR reading of the Constitution so to get a decision that violates the clear language of the Constitution he resorts to externalities. We must be praying to God in the wrong manner for someone to get this angry ~ maybe passing the bread from left to right, or right to left, or receiving in the palm ~ fur shur Breyer does not care for the ways in which everybody else observes his or her own religion. What a bigot that man has become.

I've been noting since the day he took office that Obama would always select the SCOTUS candidate for nomination who was primed and ready to opt for the MOST FASCISTIC solution to a problem, and so she did. Sotomayor didn't write her own, but it must have been a humdinger in its first drafts ~ right arm thrusting out and up with fingers pointed to the fuhrer's picture ~ oh, my word, what a show!

Some clever clerk must have taken her aside and deprived her of insulin until she was too dizzy to continue with that tripe ~ resulting in her giving up her Mussolini emulation in favor of a simple note that says she concurs in the second-most Fascist solution!

It's good to know that the US government can still buy, sell and trade land for the purpose of removing it from conflict with the people of the United States. Absent those prerogatives, we might have to start taking the officers of state out and threatening them with mayhem or something.

[opentalk]

good news.

[opentalk]

ACLU knock down.