About this Case

A retired U.S. Park Service employee sued, alleging a cross erected in the Mojave Desert, in honor of World War I veterans, violated the Establishment Clause.  The lower courts ruled in favor of the employee.  However, the Supreme Court held that those courts had not conducted the proper analysis, and reversed the decision of the court of appeals and sent the case back to the district court for further proceedings.

Summary of NLF's Brief

Our brief also argued that the lower courts had conducted the incorrect analysis.  One of our specific arguments is very similar points made in one of the concurring opinions and may have influenced that opinion.