Great Mt. Soledad News: CA Court of Appeal Rules Land Transfer To Feds Constitutional
Posted on November 30, 2006
Sorry for the brevity…busy, busy, busy. The 4th Appellate Division reversed in full. Highlights:
The court finds that 1) the appeals are not moot; 2) San Diegans for the Mount Soledad War Memorial and Mike Shelby are aggrieved parties for the purposes of the appeal; and 3) the transfer of the cross under Proposition A does not in itself violate the First Amendment establishment clause or the California Constitution…and the attorney’s fees award has been reversed!
Kiss all that money goodbye ACLU!
More…from ADF:
A California appeals court today reversed a lower court decision that had determined that the transfer of the Mt. Soledad National War Memorial to the federal government was unconstitutional.
“The people spoke on this issue, and now the court has upheld their right to preserve the Mt. Soledad National War Memorial, which honors those who sacrificed themselves for our freedom,” said Alliance Defense Fund Litigation Counsel Tim Chandler. “Removal of the cross at Mt. Soledad would have no purpose other than to create heartache for the veterans’ families and comrades who cherish their memory. We, like them, are pleased with the court’s ruling.”
ADF represented The American Legion Department of California and Liberty Legal Institute represented The American Legion’s national organization in the friend-of-the-court brief filed in the case. On Nov. 22, ADF and Liberty Legal Institute attorneys filed a friend-of-the-court brief on behalf of the American Legion and the American Legion Department of California in a related case involving the memorial in the U.S. Court of Appeals for the 9th Circuit (www.telladf.org/news/story.aspx?cid=3932) and the U.S. Supreme Court (www.telladf.org/news/story.aspx?cid=3790).
In 2005, 76 percent of San Diegans voted to preserve the Mount Soledad Memorial by transferring it from city property to the ownership of the National Park Service. The transfer was held up in litigation, but Congress passed and President Bush signed legislation to enact the transfer.
Others: Go Pundit Go
» Filed Under 1st Amendment, ACLU, Church And State, News
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Don’t count your chickens yet. It looks like the federal government’s acceptance of the cross can (and almost certainly will) be challenged in federal court.
This ruling just means that the special election and the terms of the transfer (from the city’s perspective) were legit. A good win for the city, but there’s still more coming.
This is great news. It’s not over yet, though. Now on to the federal courts, I’m sure