San Diegans for Mt. Soledad Nat. War Memorial v. Paulson

Summary

Justice Kennedy, as Circuit Justice, grants the City of San Diego's application for a stay pending appeal of the District Court's order requiring removal of a Latin cross from a veterans' memorial. He concludes the equities support preserving the status quo given new federal legislation designating the memorial national and pending state court litigation. He denies the proposed intervenor's application as moot since they seek no relief beyond what is granted to the city.