Salazar v. Buono

Salazar v. Buono
Argued October 7, 2009
Decided April 28, 2010
Full case nameKen L. Salazar, Secretary of the Interior, et al., Petitioners v. Frank Buono
Docket no.08-472
Citations559 U.S. 700 (more)
130 S. Ct. 1803; 176 L. Ed. 2d 634
Case history
PriorPermanent injunction granted, Buono v. Norton, 212 F. Supp. 2d 1202 (C.D. Cal. 2002); affirmed, 371 F.3d 543 (9th Cir. 2004); permanent injunction granted prohibiting land swap, 364 F. Supp. 2d 1175 (C.D. Cal. 2005); affirmed sub. nom., Buono v. Kempthorne, 502 F.3d 1069 (9th Cir. 2007); rehearing en banc denied, 527 F.3d 758 (9th Cir. 2008); cert. granted, 555 U.S. 1169 (2009).
Questions presented
Whether an individual has Article III standing to bring an Establishment Clause suit challenging the display of a religious symbol on government land and if an Act of Congress directing the land be transferred to a private entity is a permissible accommodation.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Case opinions
PluralityKennedy, joined by Roberts; Alito (in part)
ConcurrenceRoberts
ConcurrenceAlito (in part)
ConcurrenceScalia (in judgment), joined by Thomas
DissentStevens, joined by Ginsburg, Sotomayor
DissentBreyer
Laws applied
U.S. Const. amend. I

Salazar v. Buono, 559 U.S. 700 (2010), was a decision by the Supreme Court of the United States regarding the establishment clause of the First Amendment to the United States Constitution. The case concerned the legality of the Mojave Memorial Cross, a Latin cross which was placed atop a prominent rock outcropping by the Veterans of Foreign Wars foundation in 1934 to honor war dead. The location is known as "Sunrise Rock" in the Mojave National Preserve in San Bernardino County in southeastern California. The Supreme Court ruled that the cross may stay, but also sent the case back to a lower court, making the issue currently unresolved.[1]

  1. ^ High court says Mojave cross in Calif. can stay, Washington Post, 2010-4-28.