In April 2010, the US Supreme Court overturned a lower court decision that claimed a transfer of National Park Service land in the Mojave National Preserve — upon which stood a cross — was an end-run around the US Constitution.
In January 2011, the VFW sued the government for failing to abide by that decision and allowing the cross to stand. In fact, while the case was ongoing the cross was stolen; when a replacement appeared, the government took it down.
Now it appears the case is done:
A federal judge has approved Read more
In an interesting twist to a long-running legal case, the VFW has sued the Executive Branch of the US government for failing to comply with an act of Congress supported by the Supreme Court.
The Mojave Cross has been in dispute for some years. The privately-erected cross on government land was the subject of a lawsuit, Buono v Salazar. In 2003 the US Congress transferred the land surrounding the Mojave Cross to the VFW in an attempt to eliminate the issues in conflict. The 9th Circuit court of appeals said the Mojave Cross was unConstitutional and the land transfer was an invalid attempt to circumvent their ruling.
In April of last year, the US Supreme Court overturned that decision, saying the appeals court “erred.” SCOTUS remanded the case to the 9th Circuit.
The cross was torn down by vandals shortly after the ruling, and the site remains empty because Read more