SCOTUS Declines To Hear Mt. Soledad Cross Case

They put up a cross
Nearly nine meters tall
And they said it was there
For the sake of us all
But the courts say the cross
Is now destined to fall
Cos it’s on the wrong side
Of the wall…

The cross, it was destined
To suffer this fate;
They’re done with appealing,
And now it’s too late
The courts got it right;
We must not understate
Separation of church
From the state

And as of today
It is time for the town,
Which has searched through the law
And found no way around
To admit with a smile
Or accept with a frown
That it’s time for the cross
To come down

We’ve seen this cross before, back when it was ruled unconstitutional, and again when a bad legislative solution was attempted. And of course, it’s not the only cross we’re keeping an eye on. Today, the Supremes declined to consider the case, so it is settled, and the way is cleared for removal. Oops… not so fast:

“Our denial, of course, does not amount to a ruling on the merits, and the Federal Government is free to raise the same issue in a later petition following entry of a final judgment,” wrote Associate Justice Samuel Anthony Alito in his statement.

The court found that the issue was “not yet ripe for review by this Court,” because the 9th Circuit Court of Appeals had remanded the case back to the U.S. District Court.

It’s a big, ugly eyesore, and (far more importantly) it’s on the wrong side of the wall. Have some guts, SCOTUS.


  1. otrame says

    Sorry, Cuttlefish, but this court is only brave when it is destroying the elective process in the country. Upholding constitutional principles is far far too scary for them.


  1. […] That’s right, they have to give a chance to run it by Scalia again, the justice who apparently really actually does believe that a Christian cross is a memorial to war dead of any and all faiths (which must be why the Jewish War Veterans of the United States of America–with others–filed the suit). So don’t hold your breath. The Supremes had earlier kicked the case back to the lower court […]

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