Supreme Court Asked to Intervene in Mt. Soledad Cross Case

Yesterday, on behalf of 22 members of Congress, we filed an amicus brief with the Supreme Court of the United States supporting the City of San Diegos Petition for a Writ of Certiorari which asks the high court to stay the court-ordered removal of the Mt. Soledad cross while appeals proceed.

This is a case that deserves the attention of the nations highest court.  With the clock running and a federal appeals court that rejected the citys request without giving it proper consideration the Supreme Court has an important opportunity to step in and put the brakes on a legal process that fast-tracks the removal of the cross.  The cross has been part of a war memorial for more than half a century.  This unprecedented rush to remove the cross is senseless, and we believe there should be adequate time to permit the appeals process to unfold.

Our brief argues:  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 longstanding, venerable tradition of using crosses as a symbol of commemoration at veterans and other memorials is fully consistent with this Courts Establishment Clause cases.

In our brief, we also argue 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 22 members of Congress we are representing include numerous military veterans and the Chairman of the House Armed Services Committee, Rep. Duncan Hunter of California.  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.

The brief concludes:  The public has a vital interest in ensuring that centuries-old American traditions and practices are not declared unconstitutional without careful and accurate judicial review of all issues involved. The Establishment Clause certainly does not require that crosses be removed from Mount Soledad, Arlington National Cemetery, and the countless other places across the country where the lives and sacrifices of veterans are commemorated. This Court should issue a stay to ensure that the federal and state appellate courts are given the opportunity to correct the District Courts clear misapplication of precedent.

In addition to filing the brief at the Supreme Court, we filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit, which rejected the appeal.  We have heard from more than 170,000 Americans including nearly 30,000 Californians who have signed onto our national petition urging officials to preserve the memorial.