About this Case

A local citizen and the ACLU sued to have a Ten Commandments Monument declared unconstitutional.  The district court ruled in favor of the county, holding that the monument did not violate the constitution.  The citizen and the ACLU appealed, and a 3-judge panel of the U.S. Court of Appeals for the 10th Circuit reversed the district court and held that the monument did violate the Establishment Clause.  The county asked the full court to reconsider the decision of the panel.

Summary of NLF's Brief

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.