One of the cases listed as on for tomorrow’s cert. petition conference is Mt. Soledad Memorial Ass’n v. Trunk, which asks the Court to overturn a Ninth Circuit decision holding that display of a large cross as part of a war memorial violates the Establishment Clause. See Trunk v. City of San Diego, 629 F.3d 1099 (9th Cir. 2011). The opinion by Judge McKeown in that case was, in my opinion, truly exceptional — one of the finest decisions in its style of analysis on the issue of state-sponsored religious displays that I have come across — even if I have some disagreements about the holding and whether it successfully negotiates around Justice Kennedy’s plurality opinion in Salazar v. Buono.
In a somewhat unexpected move (at least to me), the Solicitor General has joined the cert. petition, making it more likely that the Court might take the case. More tomorrow.