United States Ninth Circuit

In proceedings arising from Congress' efforts to transfer via-exchange with a private organization a piece of land in an area of the Mojave National Preserve containing a Latin cross, an order permanently enjoining the government from effectuating the land exchange and ordering the government to comply with an earlier injunction is affirmed as: 1) the matter was ripe for review; and 2) the district court did not abuse its discretion in enforcing the injunction as the exchange effectuated by Congress' statute violated the earlier injunction, which prohibited the display of the Latin cross because it runs afoul of the Establishment Clause.

Appellate Information

• Argued 04/09/2007
• Decided 09/06/2007
• Published 09/06/2007

Judges

• McKEOWN, Circuit Judge:, Before:  B. FLETCHER and M. MARGARET McKEOWN, Circuit Judges, and RONALD M. WHYTE, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Steven W. Fitschen, Colleen M. Holmes, The National Legal Foundation, Virginia Beach, VA, for amicus curiae The National Legal Foundation.


• For Appellees:
  
• Sue Ellen Wooldridge, Kathryn E. Kovacs, United States Department of Justice, Washington, D.C., for the defendants-appellants., Peter J. Eliasberg, Mark D. Rosenbaum, ACLU Foundation of Southern California, Los Angeles, CA, for the plaintiff-appellee.