New Development in Mt. Soledad Case Should Be Cause for Dismissal

ACLJ Asks Appeals Court to Dismiss Case as Federal Government Now Owns Land Where War Memorial is Displayed

WASHINGTON, Nov. 17, 2006—Following the acquisition of the land on which the Mt. Soledad War Memorial sits by the Federal Government, the American Center for Law and Justice (ACLJ) today filed an amicus brief on behalf of 22 members of Congress asking a federal appeals court to dismiss a case against the City of San Diego challenging the presence of a cross in Mt. Soledad Memorial.

"This is an important opportunity to bring an end to one of the legal challenges aimed at removing the Mount Soledad Memorial," said Jay Sekulow, chief counsel of the ACLJ, which is active in defending the constitutionality of the cross. "There is simply no reason for this case to proceed since the federal government lawfully took ownership of the land on which the Memorial sits. While there are other legal challenges that continue to move forward, we are hopeful the federal appeals court will dismiss this litigation against the City of San Diego. At the end of the day, we're confident all legal challenges to the Mt. Soledad Memorial will fail and a cross that's been in place for more than half a century will remain in place for years to come."

In its brief filed at the U.S. Court of Appeals for the Ninth Circuit, the ACLJ represents itself and 22 members of Congress including California Congressman Duncan Hunter, who sponsored legislation that transferred control of the Mt. Soledad Memorial to the federal government. That legislation was signed into law by President Bush in August.

In the brief, the ACLJ contends the lawsuit against the City of San Diego is moot since the city no longer owns the property. The brief is available online at www.aclj.org. There are other legal challenges underway including a federal lawsuit filed against the federal government challenging the constitutionality of the Memorial. And, there is litigation underway in the California state court system where the ACLJ already has filed friend-of-the-court briefs in support of the Memorial.

The ACLJ filed an amicus brief with the Supreme Court of the United States earlier this year and successfully argued that a federal district court's order calling for the removal of the cross should be stayed because important constitutional issues have been raised and that the federal and state appeals have not been exhausted.

In the brief filed today, in addition to Congressman Hunter, the ACLJ also represents the following members of Congress: Todd Akin, Gresham Barrett, Eric Cantor, Michael Conaway, Barbara Cubin, John Culberson, Phil Gingery, Gil Gutknecht, Jack Kingston, John Kline, Kenny Marchant, Patrick McHenry, Mike McIntyre, Gary Miller, Marilyn Musgrave, Randy Neugebauer, Joseph Pitts, Jim Ryun, Todd Tiahrt, Dave Weldon, and Lynn Westmoreland. The ACLJ also represents Advocates for Faith and Freedom, a California-based non-profit law firm.

The Mount Soledad case has generated national interest as well with more than 170,000 Americans-including more than 27,000 Californians-signing on to the ACLJ Petition to Preserve the Mt. Soledad Veterans Memorial.

The American Center for Law and Justice (ACLJ) is the nation's leading national public interest law firm defending religious liberty. Led by Chief Counsel Jay Sekulow, the ACLJ specializes in constitutional law and is based in Washington, D.C. The ACLJ is online at www.aclj.org. 

-30-