Written by Don Byrd
By a 5-4 decision, the Supreme Court allowed the Mojave Cross to remain standing. The slim majority overturned a lower court’s decision and found that Congress’ transfer of the federal land surrounding the memorial to a private entity was not properly considered when a judge deemed the monument a violation of church-state separation. Concurring, Justice Alito would go even further, arguing the case need not be returned to the district court. The facts are already well established, he said, to demonstrate the constitutionality of Congress’ action.
Importantly, the Court also found plaintiff Buono’s standing could not be challenged at this stage, denying one of the government’s arguments for dismissing the case, which now returns to the lower court to reconsider the land transfer in light of today’s ruling.
Much more to come.
