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Legal Commentary

: Prawfs

Cert Grant in Salazar v. Buono

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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I'd like to post more later on the Supreme Court's recent cert grant yesterday in Salazar v. Buono.  There is so much going on with that case, it's hard to write a paragraph-long post.  To sum up, there was a cross in the Mojave National Preserve (government land), which is pretty clearly unconstitutional under the Court's precedents.  It was challenged.  Wanting to protect the cross, Congress intervened by giving the cross and the land under it to the VFW, in exchange for land owned by the VFW.  And the issue is (1) does that cure the constitutional problem, and (2) assuming it doesn't, does anyone even have standing to bring a challenge anymore?  Hopefully, this afternoon will give me some time to return to this...

Full post as published by Prawfs on February 24, 2009 (boomark / email).

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