Circuit split · constitutional law
Whether the government's transfer of public land bearing a religious display (a Latin cross) to a private party remedies an Establishment Clause violation
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Buono v. Kempthorne527 F3D 758
Ninth Circuit Court of Appeals · May 14, 2008
“VI The Buono IV opinion contravenes binding Supreme Court precedent, creates a split from the Seventh Circuit on multiple issues, invests judges with the dangerous *768 and unprecedented authority to infringe upon fundamental private rights, and rests on patently flawed reasoning.” — Creates a split
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other sideMercier395 F.3d 705
“See Mercier, 395 F.3d at 705 (“The City is able to extricate itself completely from the implied endorsement of the purpose and content of the religious symbol, yet the Monument can remain in the location it has occupied for many years.”).” — Buono v. Kempthorne, acknowledging the split
- DiscussedPaulson
“Of course, the government may moot an injunction by curing the violation that spurred it; Paulson, as well as common sense, compel no less.” — Buono v. Kempthorne, acknowledging the split
What the split turns on
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.