{"id":1349,"date":"2011-10-17T14:32:46","date_gmt":"2011-10-17T18:32:46","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=1349"},"modified":"2011-11-29T15:25:09","modified_gmt":"2011-11-29T20:25:09","slug":"jay-sekulow-will-supreme-court-get-the-mt-soledad-case","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/10\/jay-sekulow-will-supreme-court-get-the-mt-soledad-case.html","title":{"rendered":"Jay Sekulow: Will Supreme Court Get the Mt. Soledad Case?"},"content":{"rendered":"

\"\"<\/a>It’s a case that’s been in the courts for many years – and now, this question: will the case involving the constitutionality of the Mt. Soledad Memorial Cross in San Diego go to the Supreme Court?<\/p>\n

As you may recall, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit declared this long standing memorial unconstitutional. We filed an amicus brief in March asking the full appellate court to take the case.<\/a><\/p>\n

In our amicus brief<\/a>, we contended that the federal governments acquisition and operation of the Mt. Soledad Veterans Memorial including its commemorative cross is consistent with the Establishment Clause and that the three-judge panel erred when it declared the memorial unconstitutional in January.<\/p>\n

That brief was filed on behalf of 17 members of the 112th U.S. Congress and Advocates for Faith and Freedom, a California-based religious liberty law firm. We represented the following United States Representatives:\u00a0 Randy Forbes, Chairman of the Congressional Prayer Caucus, as well as Robert Aderholt, Todd Akin, Roscoe Bartlett, Mike Conaway, Jeff Duncan, Renee Ellmers, Virginia Foxx, Scott Garrett, Walter Jones, Jim Jordan, Steve King, John Kline, James Lankford, Jeff Miller, Joe Pitts, and Joe Wilson.<\/p>\n

Now, a decision from the 9th Circuit – the full appeals court will not hear the case<\/a>. The appeals court rejected the request for an en banc<\/em> hearing, meaning the decision by the three-judge panel declaring the memorial unconstitutional still stands.<\/p>\n

In an unusual move, however, five of the Judges from the 9th Circuit issued a dissent opinion – disagreeing with the majority decision to not rehear the case.<\/p>\n

In a powerful dissent opinion<\/a>,\u00a0Judge Carlos T. Bea concluded:<\/p>\n

“History is important, in part because things change over time. The Spanish government of the day endorsed the Inquisition until the early years of the 19th Century. Would a reasonable observer therefore consider the edicts of King Ferdinand VII in determining whether today’s Socialist government endorses the Inquisition? Of course not.”<\/p>\n

“The panel concentrated its analysis on the history of the Cross as a religious symbol. Not on how this Cross at Mt. Soledad has been used by this government, but on the cross in general. . . .”<\/p>\n

Here’s a question for the Department of Justice. Will the DOJ file a petition for a Writ of Certiorari with the U.S. Supreme Court? Will the DOJ make a formal request for the high court to take the case? The DOJ has until January to make a decision on whether to ask the Supreme Court to get involved.<\/p>\n

It is critical that this case go before the high court. The flawed lower court decision must not be permitted to stand. It’s time for the DOJ to stand up for our nation’s history and heritage and take this vital First Amendment case to the Supreme Court.<\/p>\n

Stay in touch with us for more information about this case and other important issues. You can get the latest on this issue here<\/a>.<\/p>\n

Jay Sekulow<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

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Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1349","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=1349"}],"version-history":[{"count":13,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1349\/revisions"}],"predecessor-version":[{"id":1360,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/1349\/revisions\/1360"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=1349"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=1349"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=1349"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}