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Salazar Vs. Buono

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  • US Supreme Court
  • Apr 27, 2010

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  8. Syllabus October Term, 2009 Salazar V. Buono
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  9. the presence of the cross on federal land conveyed an impression of governmental endorsement of religion, see Lemon v. Kurtzman
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  10. interest in ensuring compliance with that judgment. See Allen v. Wright
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  11. after taking into account all the circumstances bearing on the need for prospective relief. See, e.g., United States v. Swift
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  12. forbids striking down an Act of Congress except upon a clear showing of unconstitutionality, see, e.g., United States v. Morrison
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  13. upon the District Court to consider less drastic relief than complete invalidation of the statute. See, e.g., Ayotte v. Planned
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  14. Summers v. Earth
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  15. opinion, in which Ginsburg and Sotomayor, JJ., joined. Breyer, J., filed a dissenting opinion. Salazar v. Buono
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  16. Opinion of Kennedy, J. Salazar V. Buono
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  17. Supreme Court of the United States No. 08-472 Ken L. Salazar, Secretary of the Interior, Et Al., Petitioners V. Frank
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  18. Buono v. Kempthorne
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  19. s favor on opposing motions for summary judgment. Buono v. Norton
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  20. citing Lemon v. Kurtzman
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  21. s Establishment Clause challenge. Buono v. Norton
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  22. the injunction (as the Government claimed), or a sham aimed at keeping the cross in place (as Buono claimed). Buono v. Norton
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  23. at 1182. The Court of Appeals again affirmed, largely following the reasoning of the District Court. Buono v. Kempthorne
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  24. c) for filing a petition for certiorari. Toledo Scale Co. v. Computing
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  25. see Missouri v. Jenkins
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  26. after taking into account all of the circumstances that bear on the need for prospective relief. See United States v. Swift
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  27. Co. , 286 U. S. 106 , 114 (1932). See also Weinberger v. Romero-Barcelo
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  28. a Christian symbol, the cross was not emplaced on Sunrise Rock to promote a Christian message. Cf. County of Allegheny v. American
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  29. congressional designation as giving recognition to the historical meaning that the cross had attained. Cf. Van Orden v. Perry
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  30. statute here at issue. Congress, of course, may not use its legislative powers to reopen final judgments. See Plaut v. Spendthrift
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  31. competence to do so provide one of the principal reasons for deference to its policy determinations. See Patsy v. Board
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  32. Congress, the Executive, and the Judiciary all have a duty to support and defend the Constitution. See United States v. Nixon
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  33. See also United States v. United
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  34. s intervention. See Railway Employees v. Wright
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  35. Pennsylvania v. Wheeling
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  36. s role in society. See Lee v. Weisman
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  37. See also Corporation of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. Amos
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  38. ownership of the cross by a private party rather than by the Government. Cf. Pleasant Grove City v. Summum
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  39. forbids striking down an Act of Congress except upon a clear showing of unconstitutionality. See United States v. Morrison
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  40. El Paso & Northeastern R. Co. v. Gutierrez
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  41. the District Court to consider less drastic relief than complete invalidation of the land-transfer statute. See Ayotte v. Planned
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  42. Court of Appeals is reversed, and the case is remanded for further proceedings. It is so ordered. Salazar v. Buono
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  43. Wall. 277, 325 (1867). Salazar v. Buono
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  44. Opinion of Alito, J. Salazar V. Buono
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  45. appear to have viewed it as conveying at least two significantly different messages. See Pleasant Grove City, Utah v. Summum
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  46. s religious heritage. Cf. Van Orden v. Perry
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  47. Citizens United v. Federal
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  48. to Superintendent, Mojave National Preserve (Jan. 31, 2000) (Luellen Memo), Decl. of Charles R. Shockey in Buono v. Norton
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  49. See Allen v. Wright
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  50. United States v. Swift
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