ACLJ: Supreme Court Extending Stay in Mt. Soledad Cross Case "Extremely Important" Legal Development

July 10, 2006

(Washington, DC) The American Center for Law and Justice (ACLJ) said the decision by Supreme Court Justice Anthony Kennedy to extend a stay keeping the Mt. Soledad cross in place in San Diego is an extremely important legal development that ensures the issue will receive the legal attention it deserves.  On July 3rd Justice Kennedy issued a temporary stay and late on Friday issued an order extending the stay leaving open the possibility that the high court ultimately could take the case.  The ACLJ represents 22 members of Congress in the case and filed an amicus brief with the high court supporting San Diegos request for the Supreme Court to intervene.

The decision to extend the stay and keep the Mt. Soledad cross in place is not only a critical victory but represents an extremely important legal development as this case unfolds, said Jay Sekulow, Chief Counsel of the ACLJ.  In taking the unusual step to extend the stay, Justice Kennedy clearly understands that the legal appeals must move forward and that the action taken by Congress to designate the cross as a national war memorial cannot be ignored.  By extending the stay, there is now time to fully litigate this case and explore every option both legally and legislatively to keep this cross permanently in place.  This is a significant case that now has the attention of the Supreme Court.

In his four-page opinion issued late Friday, Justice Kennedy extended the stay saying that the equities here support preserving the status quo while the citys appeal proceeds. 

And, Justice Kennedy left open the possibility that the high court could ultimately take this case. 

Justice Kennedy wrote:  Congress evident desire to preserve the memorial makes its substantially more likely that four Justices will agree to review the case if the U.S. Court of Appeals for the Ninth Circuit upholds the federal district court order removing the cross.

In its friend-of-the-court brief filed with the high court, the ACLJ successfully argued:  A stay should be granted because the federal and California appellate courts should be allowed to decide the important constitutional issues raised in this case.

The ACLJ also argued that the federal district courts order squarely conflicts with an act of Congress that instructed the Secretary of the Interior to accept the Mt. Soledad cross offered by the city. 

The ACLJ represents 22 members of Congress including numerous military veterans and the Chairman of the House Armed Services Committee, Rep. Duncan Hunter of California.  In addition to Hunter, the other members of the U.S. House of Representatives who have signed onto the brief are:  Todd Akin, Gresham Barrett, Eric Cantor, Michael Conaway, Barbara Cubin, John Culberson, Phil Gingery, Gil Gutknecht, Jack Kingston, John Kline, Kenny Marchant, Patrick McHenry, Mike McIntyre, Gary Miller, Marilyn Musgrave, Randy Neugebauer, Joseph Pitts, Jim Ryun, Todd Tiahrt, Dave Weldon, and Lynn Westmoreland.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.