Jul 03 2006
Due Process wins: SCOTUS issues stay in MT Soledad case
Ignoring the merits of the case or defense, the fact is that our courts have an appeals process, and the city should be allowed to continue its appeal unhampered by the lower courts.
Since the Judge who ordered the cross removed refused to issue a stay pending appeal, that forced several State and Federal Court appeals which finally ended up at the SCOTUS.
And a stay has been issued by the SCOTUS.
Now the city can pursue its appeal without a $5000 a day penalty looming over their head.
Again, the merits aside, the city deserve the chance to utilize their legal resources to appeal this decision, even as the petitioner can appeal. And there is no harm or danger in the interim, so issuing a stay was reasonable. The lower court’s refusal to allow that reeks of bias.
Disagree? Show me the compelling necessity to remove a cross that has stood unchallanged for decades. Show me the harm. Show me where the public benefit overrides due process in this case. Show me how anyone suffers an injury if it stands for a while longer as the court matters are resolved. There is none, this was just judicial bullying.




