SALAZAR v. BUONO

No. 08-472.

130 S.Ct. 1803 (2010)

559 U.S. 700

Ken L. SALAZAR, Secretary of the Interior, et al., Petitioners, v. Frank BUONO.

Supreme Court of United States.

Decided April 28, 2010.


Attorney(s) appearing for the Case

Elena Kagan, Solicitor General, Counsel of Record, Department of Justice, Washington, DC, for petitioners.

Michael C. Small, Los Angeles, California, Daniel Mach, American Civil Liberties Union Foundation, Washington, DC, William B. Rubenstein, Cambridge, Massachusetts, Peter J. Eliasberg, Counsel of Record, ACLU Foundation of Southern California, Los Angeles, California, Los Angeles, CA, Steven R. Shapiro, American Civil Liberties Union Foundation, New York, New York, for respondent.

R. Ted Cruz, Allyson N. Ho, Morgan, Lewis & Bockius LLP, Houston, TX, Aaron Streett, Samuel Burk, Baker Botts LLP, Houston, TX, Kelly J. Shackelford, Counsel of Record, Hiram S. Sasser, III, Roger L. Byron, Liberty Legal Institute, Plano, TX, Chad M. Pinson, Ryan L. Bangert, Elizabeth Hildenbrand Wirmani, Tyler M. Simpson, Baker Botts LLP, Dallas, TX, Reply in Support of Motion to Intervene of Veterans of Foreign Wars of the United States Post 385 and Veterans Of Foreign Wars of the United States Department of California.

Arthur E. Gary, Acting Solicitor, Department of the Interior Washington, DC, Elena Kagan, Solicitor General Counsel of Record, John C. Cruden, Acting Assistant Attorney General, Neal Kumar Katyal, Deputy Solicitor General, Jeffrey B. Wall, Assistant to the Solicitor General, Andrew C. Mergen, Charles R. Shockey, Kathryn E. Kovacs, Attorneys, Department of Justice, Washington, DC, for petitioners.


Justice KENNEDY announced the judgment of the Court and delivered an opinion, in which THE CHIEF JUSTICE joins and Justice ALITO joins in part.

In 1934, private citizens placed a Latin cross on a rock outcropping in a remote section of the Mojave Desert. Their purpose and intent was to honor American soldiers who fell in World War I. The original cross deteriorated over time, but a reconstructed one now stands at the same place. It is on federal land.

The...

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