Supreme Court of the United States, 2014

Mount Soledad Memorial Assn. v. Trunk

Supreme Court of the United States · Decided June 30, 2014

134 S. Ct. 2658; 189 L. Ed. 2d 849; 82 U.S.L.W. 3747; 2014 WL 2921793; 2014 U.S. LEXIS 4506 (Supreme Court Reporter)

Cases that cite this one

3 later published cases cite this decision.

Freedom From Religion v. Chino Valley Uni. Sch. Dist. (9th Cir. 2018)
Freedom from Religion Found., Inc. v. Chino Valley Unified Sch. Dist. Bd. of Educ. (9th Cir. 2018)
Jewish War Veterans of the United States of America, Inc. v. Gates (District Court, District of Columbia 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

The petition for a writ of certiorari before judgment is denied.

Statement of Justice ALITO respecting the denial of the petition for a writ of certiorari before judgment.

This case came before us two years ago, see 567 U.S. ----, 132 S.Ct. 2535 , 183 L.Ed.2d 692 (2012), and at that time I issued a statement respecting the denial of certiorari. I noted that although the "Court's Establishment Clause jurisprudence is undoubtedly in need of clarity," certiorari was not yet warranted in this case "[b]ecause no final judgment has been rendered and it remains unclear precisely what action the Federal Government will be required to take." Id., at 2536.

Since that time, the District Court has issued an order requiring the memorial to be removed, but it has stayed that order pending appeal. The Court of Appeals has not yet reviewed that order on appeal. Seeking to bypass that step, petitioner seeks certiorari before judgment. In my view, it has not met the very demanding standard we require in order to grant certiorari at that stage. In light of the stay, any review by this Court can await the decision of the Court of Appeals. I therefore agree with the Court's decision to deny the petition.

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