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.

High court intervenes in fight over cross

WASHINGTON (AP) — The Supreme Court intervened Monday to save a large cross on city property in southern California.

A lower court judge had ordered the city of San Diego to remove the cross or be fined $5,000 a day.

Justice Anthony Kennedy, acting for the high court, issued a stay while supporters of the cross continue their legal fight.

Lawyers for San Diegans for the Mt. Soledad National War Memorial said in an appeal that they wanted to avoid the "destruction of this national treasure." And attorneys for the city said the cross was part of a broader memorial that was important to the community.

The 29-foot cross, on San Diego property, sits atop Mount Soledad. A judge declared it was an unconstitutional endorsement of religion.

The cross, which has been in place for decades, was contested by Philip Paulson, a Vietnam veteran and atheist.

Three years ago, the Supreme Court had refused to get involved in the long-running dispute between Paulson and the city.

Kennedy granted the stay to the city and the cross’ supporters without comment pending a further order from him or the entire court.

The cross was dedicated in 1954 as a memorial to Korean War veterans, and a private association maintains a veterans memorial on the land surrounding it.

Mayor Jerry Sanders has argued that the cross, sitting atop Mt. Soledad in La Jolla, is an integral part of the memorial and deserves the same exemptions to government-maintained religious symbols as those granted to other war monuments.

In May, U.S. District Court Judge Gordon Thompson, Jr., ordered the city to take down the 29-foot cross before Aug. 2 or pay daily fines of $5,000.

Thompson’s ruling, which he described as "long overdue," found the cross to be an unconstitutional display of government preference of one religion over another.

Last year, San Diego voters overwhelmingly approved a ballot proposition to transfer the land beneath the cross to the federal government. The measure was designed to absolve the city of responsibility for the cross under the existing lawsuit. But a California Superior Court judge found the proposition to be unconstitutional.

Now let the case continue.

Tip:  Stop the ACLU

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