Legal Commentary

Ninth Circuit Panel Holds That Mt. Soledad War Memorial Cross Violates Establishment Clause

By Eugene Volokh

The opinion is Trunk v. City of San Diego, just handed down today. This sort of litigation is of course nothing new, but I suspect that the decision will slightly increase the likelihood that the Justices will agree to reconsider the endorsement test under the Establishment Clause. This is especially so because of the recent Utah Highway Patrol memorial crosses case; I expect that the Utah case will be the likely vehicle for this, though if the Justices agree to hear it they?ll probably hold the Mt. Soledad case pending a decision in the Utah case.

Thanks to How Appealing for the pointer.

Full post as published by The Volokh Conspiracy on January 04, 2011 (boomark / email).