Our brief gave two reasons why the full court should reconsider the decision of the panel: (1) the statute under which the citizen and the ACLU sued was not the correct statute under which such a suit should be brought, and the case should therefore be dismissed; and (2) the monument was constitutional under the proper legal test. Unfortunately, the court voted 6-6 on the issue of rehearing the case, which meant the court did not rehear the case.