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Cert. Filed In Mojave Desert War Memorial Cross Case

By Howard M. Friedman

On Oct. 10, the U.S. Solicitor General filed a petition for certiorari with the Supreme Court in Kempthorne v. Buono, (Docket No. No. 08-472). In the case, the 9th Circuit found Establishment Clause problems with Congress' transfer of the Sunrise Rock Cross in the Mojave Preserve war memorial to the Veterans of Foreign Wars. The full 9th Circuit, with 6 judges dissenting in a long opinion, denied en banc review. (See prior posting.) Today's Los Angeles Times reports on the filing of the cert. petition, indicating that the petition argues that the retired park service employee who brought the action lacked standing and, in any event, Congress cured any problem by conveying the land to the VFW, a private organization. (See prior posting.)

Full post as published by Religion Clause on October 22, 2008 (boomark / email).