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Litigation

: How Appealing

Over the dissent of five judges, the Ninth Circuit denies rehearing en banc of decision holding that Congress cannot cure a government agency's Establishment Clause violation by ordering sale of the land upon which a religious symbol is situated

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Over the dissent of five judges, the Ninth Circuit denies rehearing en banc of decision holding that Congress cannot cure a government agency's Establishment Clause violation by ordering sale of the land upon which a religious symbol is situated: Today's order, which denies rehearing en banc and amends the original panel's decision, along with Circuit Judge Diarmuid F. O'Scannlain's dissent from the denial of rehearing en banc (in which four other Ninth Circuit judges joined) can be accessed at this link.

The dispute arose from a Christian cross located in a remote area of the Mojave National Preserve. Judge O'Scannlain's dissent from the denial of rehearing en banc appears to provide attorneys for the federal government with a good head start on any cert. petition that they may consider filing.

My most recent earlier coverage of the case appears at this link.

Full post as published by How Appealing on May 14, 2008 (boomark / email).

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