Legal questions aside, given a number of the dead being honored weren’t Christians, the display should have been something else anyway.

A lone cross built to honor the dead of World War I, bolted to a desert rock on public land, raises a host of complicated issues about which religious displays violate the Constitution’s ban on establishment of religion and who may challenge them. But the Supreme Court yesterday seemed disinclined to answer most of them.

Justices spent nearly half of the oral argument deciding what they were deciding about the 61/2-foot cross in the Mojave National Preserve in California and appeared to settle on a rather narrow question: whether Congress solved the problem by trying to transfer the land on which the cross sits to private ownership.
The case was the first major opportunity for the court under Chief Justice John G. Roberts Jr. to delve into the meaning of the First Amendment command that “Congress shall make no law respecting an establishment of religion.” Previous court rulings on religious displays have been mostly narrow and case-specific, producing few rules on who may challenge government actions or what violates the Establishment Clause.

Justices seemed uninterested in reviewing the lower court’s decision, which found that a former park superintendent who objects to religious displays on public land is entitled to bring the lawsuit. Only Justice Antonin Scalia seemed to want to decide the more basic question of whether the cross was unconstitutional in the first place.

  1. pedro's (very embarrased) daddy says:

    #90, pedro,

    leave your grandmother out of this. You and your stupidity broke her heart too much. You know she wanted to put you in that home for retards. I should have listened. Only you would have made them look smart.

  2. pedro says:

    #91 Wow, you were able to sneak behind your mom to post here? What an achievement! Too bad your still pwned.


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