Back to the Supreme Court

Late last week, the U.S. Court of Appeals for the Tenth Circuit ruled in two cases involving the Ten Commandments that weve been handling.  We represent two cities in Utah that have been sued by an organization called Summum.  This organization has demanded that the cities post their Seven Aphorisms next to Ten Commandments monuments that the cities have displayed for over 40 years.  In essence, Summum argues that any time a city decides to display a Ten Commandments monument, they have the right to require the city to display an opposing monument.  This analysis would require Statue of Liberty Park in New York to also display a Lady Tyranny statue on its property.  Although this analysis sounds absurd, in fact, it has now been endorsed by the Tenth Circuit Court of Appeals.

We had requested that the entire Tenth Circuit review the three-judge panels decision in the case.  The panel's decision mandated the placement of these opposing monuments.  The Court split 6-6 on the rehearing request.  This means that the three-judge panel decision is affirmed.  Fortunately, Judges McConnell and Lucero wrote very strong dissenting opinions from the denial.  These dissents serve as the basis for our next step, which is to bring these cases to the Supreme Court of the United States. 

I am assembling a senior team of the American Center for Law and Justice for meetings in Washington at the beginning of next week to begin the process of putting the petitions for certiorari together in both cases.  While it is always an uphill battle for certiorari to be granted, the fact that the Tenth Circuits decision conflicts with many decisions of other circuit courts increases the likelihood of a grant. 

As we begin to put together this critical strategy, much is at stake.  It is conceivable that, if this decision is allowed to stand, these organizations will go throughout the country from town to town trying to have their Aphorisms placed in city squares next to the Ten Commandments monuments.  Many government officials will end up taking down all monuments rather than displaying messages like those advocated by the Summum organization. I will give you more information about the Summum group in the days ahead.  In the meantime, please pray for our lawyers as we develop our strategy for these critically important cases.