By: Jeremy Dys, Deputy General Counsel for First Liberty Institute
It has taken five years of litigation — resulting in a four volume appendix — to determine whether a nearly 100-year-old veterans memorial is constitutional. On Wednesday, February 27, 2019, the Supreme Court of the United States will hear argument over whether the Bladensburg WWI veterans memorial violates the U.S. Constitution.
Opponents claim that the cross-shaped memorial violates the Establishment Clause of the First Amendment because it sits beside a stoplight in a publicly owned highway median just outside of Washington, D.C. Their solution varies. Some argue that it could be hoisted by a crane and moved elsewhere. Other suggest knocking the horizontal arms off the memorial. Still others would just pulverize the whole thing and put up a plaque, instead.
But none of those “solutions” are necessary.
The legal arguments are all written and filed, as Daily Wire Editor-at-Large Josh Hammer recently summarized. Soon enough, we will either receive clarity from the Court on an area of the law that Justice Thomas says is in “hopeless disarray,” or we will remain in our somnolent state.