Photo Credit: Freedom From Religion Foundation
WASHINGTON — The U.S. Supreme Court has vacated a lower court ruling finding a Florida cross monument unconstitutional and has instructed the court to review the case in light of its other ruling last week upholding a similar cross display.
“The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of American Legion v. American Humanist Assn,” the court simply wrote on Friday.
As previously reported, last September, a three-judge panel with the 11th Circuit Court of Appeals did not want to uphold the ordered removal of the Bayview Cross, but said they were regretfully “bound by existing circuit precedent.” Two of the three judges acknowledged that they were uncomfortable with the result and remarked that the “Supreme Court’s Establishment Clause jurisprudence is a wreck.”
The asked that the full circuit overturn its own precedent.
“Good law — stare decisis — sometimes leads good judges to follow bad law and write the wrong order. That happened in this case,” lamented Judge C. Ashley Royal.
He said that Christianity was woven into the very fabric of early America, and that modern society has difficulty understanding that aspect of history.
Royal provided an extensive history of America’s beginnings, including the Puritans’ desire for a land where they could escape conformity to the Roman Catholic Church and worship God in the purity of the early Church.
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