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Supreme Court Sends Cross Case Back


The Supreme Court ruled 5-4 Wednesday that the much-debated war memorial cross in Mojave National Preserve may remain because Congress' attempted transfer of the plot of land to private hands would resolve any constitutional concerns.

Unsurprisingly, the Court did not directly address the bigger Establishment Clause question of religious symbols on public land, instead ordering a lower court to reassess its challenge to the land transfer solution.

CT previously asked experts to weigh in on the case here.

Update: Carl Esbeck tells CT that today's Supreme Court ruling on the Mojave cross is more newsworthy to evangelical church-state watchers than most media have portrayed.

Esbeck, professor of law at the University of Missouri, explains that Justice Anthony Kennedy sent the case back to the district court for additional fact-finding on whether Congress' purpose in ordering the land swap was religious or secular, i.e. an evasion of the trial court's injunction or an accommodation to those wanting ...

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