San Diegans for Mt. Soledad Nat. War Memorial v. Paulson

Background

The dispute involves the city of San Diego, an individual who challenged the memorial’s cross, and a veterans’ advocacy group that sought to intervene. A federal district court and later appellate decisions held that the permanent Latin cross on city property violated the California Constitution and ordered the city to stop maintaining the cross. The city appealed, and the Ninth Circuit set an expedited schedule for argument while denying a stay; the city then asked a Circuit Justice to pause the district court’s order.

Reasoning

The Circuit Justice weighed whether to preserve the status quo while appeals proceed. He found the harm of altering the memorial and removing the cross to be greater than a short delay. Two recent developments made the case unusual: Congress passed a law declaring the site a national memorial and authorized the Secretary of the Interior to accept donation of the memorial, and San Diego voters approved a ballot measure to donate the site to the United States (a state court later invalidated that measure, and a state appellate court expedited the city’s appeal). Those developments could affect the litigation and might moot the district court’s state-law injunction. Considering those factors and the chance the Supreme Court might review the case, the Justice granted the stay.

Real world impact

The stay preserves the memorial and leaves the Latin cross in place while federal and state appeals continue. The ruling is temporary and does not decide who ultimately wins; if state courts permit a transfer to federal ownership, the need for the district court’s order could disappear. Parties may ask the Court to revisit the stay if circumstances change.