Ninth Circuit Denies Stay for Mt. Soledad Cross

Late yesterday in a move that was not surprising, the U.S. Court of Appeals for the Ninth Circuit denied the request for a stay that was filed by the city of San Diego in the Mt. Soledad cross situation.  As you will recall, the Mt. Soledad war memorial has contained a cross since 1954.  We have received hundreds of thousands of phone calls regarding this situation.  Last month, the city of San Diego in a 5-3 vote decided to appeal the case.  We filed memorandums of law in support of the appeal process. 

Although disappointing, this was not an unexpected move.  We are looking at several additional options regarding appeals here, including federal intervention.  We have communicated with various government officials regarding this situation, and we have been assured that each option is being reviewed thoroughly.  I have instructed our research team to determine other appellate avenues to obtain temporary relief. 

This case highlights why it is so important to have judges with conservative judicial philosophies sitting on the district courts, the courts of appeal, and the Supreme Court of the United States.  It is important to note that most cases never reach the Supreme Court.  It is the district courts and courts of appeal where 95% of all cases are decided.  Who serves on the court really does matter!  As this Supreme Court term comes to a close and discussions are already taking place regarding possible retirements, judicial nominations should be front and center.