Supreme Court Declines Mt. Soledad Cross Case

The U.S. Supreme Court says it won't get involved in the dispute over the war memorial cross on Mount Soledad in San Diego until a federal appeals court has its say.

Supporters of the cross wanted to bypass the San Francisco-based 9th U.S. Circuit Court of Appeals, saying it has been hostile to the cross in earlier rulings.

In 2011, the 9th Circuit ruled that the 43-foot cross, which honors veterans, is unconstitutional.

Later, in December 2013, U.S. District Judge Larry Burns upheld that decision, ordering that the cross be removed within 90 days. Burns also said the order to take down the cross would be put on hold if there is an appeal to his ruling.
    
Although the Obama administration disagrees with the order that the cross be removed, it says the case should first go before the appeals court.
    
According to legal analyst Dan Eaton, the Supreme Court will likely have the final say in the matter.

"The Supreme Court is going to have to make the hard decision as to whether the site cross and all violates the establishment clause of the First Amendment or whether it is okay to keep that memorial site with the cross intact," Eaton told NBC San Diego.