Final Preparations for Case at the Supreme Court on Wednesday

I want to update you on our preparations for a critical case that I will be arguing on Wednesday at the Supreme Court.

 

As you know, we represent Pleasant Grove City, Utah in a very important First Amendment case.  Were appealing a lower court decision that if left unchecked would force cities either to dismantle a host of monuments, memorials, and other displays, including long-standing patriotic and historical displays, or else let all comers install privately owned monuments or displays, regardless of content.

 

It has been an intense period of preparation.  I have been taking part in numerous moot courts about the case preparing for every scenario that is likely to surface in what is always an intense time of questioning from the Justices.

 

We have filed two briefs in the case an opening and reply brief.

 

Were very pleased with the number of organizations and groups that have filed friend-of-the-court briefs on our behalf.  Some 15 amicus briefs have been filed supporting the ACLJs position, including briefs from the United States government, fourteen states, nine cities (including New York City), veterans groups (including the American Legion and the VFW), and various religious liberty groups (including both Christian and Jewish organizations). Even strict separationist groups that typically oppose the ACLJs position in religion cases, like the American Humanist Association, Americans United for Separation of Church and State, and People for the American Way, filed briefs in support of neither party which basically agreed with the ACLJ on the First Amendment free speech questions at issue in this case. 

 

Heres some important background about the case:

 

Summum is a self-described church, founded in 1975 in Salt Lake City in response to alleged communications from Advanced Beings. Summum had sued Pleasant Grove City in federal court, claiming that because the city had erected in a city park a donated Ten Commandments monument, the First Amendment compelled the city to accept and display Summums proposed Seven Aphorisms of Summum monument as well.

 

A federal district court declined to order the city to erect Summums monument, but a three-judge federal appeals court in the Tenth Circuit reversed. We then sought review by the full twelve federal appeals court judges of the Tenth Circuit, but the court split 6-6, leaving the panel decision in place.

 

We then took the case to the Supreme Court.  Our position is clear:  Summums assertion of a right to force its monument upon the city has no legitimate basis in Supreme Court case law. 

 

Were hopeful the high court will overturn the Tenth Circuits decision that ultimately would cause havoc for local governments, forcing them to remove long-standing and well-established patriotic, religious and historical displays to avoid being sued for failure to put up any and every other proposed monument to come along the pike.

 

Oral arguments take place this Wednesday, beginning at 10 a.m.  I would greatly appreciate your prayers.  We will have an update following the oral arguments on our daily radio broadcast, Jay Sekulow Live!, and well bring you additional information which will be posted on our website.