IS JUSTICE STEVENS GOING TO TAKE IT DOWN HIMSELF?:

President Signs Bill to Save San Diego Cross: The legislation labels the icon on public land a federal war memorial, an effort to make it harder for foes to force its removal. (Tony Perry, August 15, 2006, LA Times)

President Bush on Monday signed a bill designed to save the cross atop Mt. Soledad here from being removed, but both sides in the 17-year court battle predicted more politicking and litigating before the fate of the cross is finally decided.

Bush signed a bill sponsored by Rep. Duncan Hunter (R-El Cajon) that designates the 43-foot cross and the city land beneath it as a federal war memorial under control of the Department of Defense.

A federal judge in May declared the cross a violation of the constitutional separation of church and state and ordered it removed by Aug. 2. That order was stayed last month by the U.S. Supreme Court until other legal issues can be resolved. [...]

The cross, erected in 1954 as a memorial to military personnel killed in Korea and the two world wars, has long enjoyed enormous popular support in this military community. Voters have twice endorsed measures to keep the cross, visible from Interstate 5, atop what is one of the most prominent hilltops in San Diego.

Rep. Brian Bilbray (R-Carlsbad) said he fears that forcing the removal of the cross could lead to court-ordered removals of crosses at other locations, including veterans cemeteries. "What's next?" Bilbray said. "Remove the crosses at Arlington or Normandy?"

This seems a perfect instance for the executive to just tell the judiciary to stick it.

Posted by Orrin Judd at August 15, 2006 10:19 PM