James Lambert
Once again, 9th District court overturns popular vote, San Diegans outraged
By James Lambert
January 20, 2011

Last Saturday, hundreds of San Diegans met at Mt. Soledad Memorial Park to protest a recent decision by the U.S. 9th District Court of Appeals. The court's ruling stated that the 57 year old cross which is on government owned grounds and is part of a war memorial, is "unconstitutional."

This most recent ruling is yet another episode in the 21 year old legal battle. The original law suit was brought in 1989 "when Phillip Paulsen, an atheist filed suit, and a court ordered the city to remove the cross. San Diego responded by placing the property for sale, with the approval of 76% of voters. But the subsequent sale was ruled unconstitutional after Paulsen objected, arguing the sale had the effect of preserving the cross" (Lambert, WND). Interestingly I once asked Mr. Paulsen to debate the issue on my local TV show, Night Lights (www.JamesLLambert.com) ... But after talking to Paulsen on the phone, I sensed that it might be challenging to conduct a debate free from coarse language.

In 2006, the Mt. Soledad Memorial (and Cross) was transferred to the federal government thanks to Congressional action (HR 5683) that was heavily supported by Cong. Duncan Hunter (R-El Cajon), Brian Bilbray (R-SD), Senator Jeff Sessions (R-Alabama) and then President George W. Bush. The bill had strong behind the scenes backing by AFA founder, Donald Wildmon and former Liberty University President Jerry Falwell, whom I interviewed about the case in 2005.

Nevertheless, the legal battle continued. This time it was with another plaintiff since Paulsen died in October 25, 2006. An appeal defying the transfer was made by the ACLU to the 9th District Court of Appeals (in 2009) which several weeks ago made the decision that the cross was "unconstitutional."

It is estimated that Saturdays gathering was attended by around 400-500 people. Many of those attending the gathering expressed concern about the recent demonstration of the court's unbridled power to overturn the vote of the people. The 9th Dist. court, based in San Francisco, has overturned the will of the people in two prominent cases in California in the last 18 months.

On two occasions San Diegans have overwhelmingly (70+ %) voted to retain the cross as a war memorial. In 2000, (Prop. 22) and in 2008, (Prop. 8) a majority of Californians (63% and 53% respectively) voted to uphold traditional marriage.

Now both issues have been overturned by an out of touch District Court. As it now stands, the 9th District judiciary is considered by some as the most liberal court in America. It appears that this case, like the one involving traditional / gay marriage, will eventually be heading to the Supreme Court.

All told, this is yet another reason why the current occupant of the White House, the most liberal President in American history, must be defeated in 2012!

Photos taken by James Lambert

© James Lambert


The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
(See RenewAmerica's publishing standards.)

Click to enlarge

James Lambert

James Lambert has a broad business background. After receiving his undergraduate degree from Linfield College (McMinnville, Oregon), Lambert pursued a career in banking by working in various management capacities for Crocker Bank, San Diego Trust & Savings Bank and First Interstate Bank (between 1973 and 1995). By 1990 Lambert received his Master in Business Administration from National University (San Diego). For 3 years, Lambert also taught Finance at Mira Costa Community College... (more)


Receive future articles by James Lambert: Click here

More by this author

September 24, 2023
Why illegal immigration negatively affects our country

August 14, 2023
Remembering a nice friend from my teen days who sadly passed away recently

August 1, 2023
Gavin Newsom has taken action to fully eliminate oil extraction in California

May 30, 2023
Newsom & Democrats eliminate the freedom of dealers to sell gasoline powered equipment

April 10, 2023
Over 60 years: 7 heartwarming San Diego team appearances at National Championship games with only 1 win

March 10, 2023
Dems ‘Amnesty Plus’ Senate proposal would have disastrous results

February 2, 2023
Homelessness is out of control, so is illegal immigration at our border

December 30, 2022
Congressional Dems' gov’t spending is out of control, which will hurt our young generation!

October 5, 2022
California continues to lead nation in gas prices – you can thank the Dems (who control the state) for that!

July 26, 2022
Congress continues to ignore national (fed) debt—resulting in negative consequences

More articles


Stephen Stone
The most egregious lies Evan McMullin and the media have told about Sen. Mike Lee

Siena Hoefling
Protect the Children: Update with VIDEO

Stephen Stone
Flashback: Dems' fake claim that Trump and Utah congressional hopeful Burgess Owens want 'renewed nuclear testing' blows up when examined

Selwyn Duke
For the West to live, immigration(ism) must die

Mark Shepard
Black Men for Trump – Makes a lot of sense

Cliff Kincaid
Will someone investigate the NSA?

Rev. Mark H. Creech
Revelation Chapter 19: Guarding against idolization, John’s angelic encounter

Steve A. Stone
No retreat – No surrender – No quarter

Matt C. Abbott
A pro-life charity watchlist

Jerry Newcombe
Western civilization’s most important and neglected strand

Curtis Dahlgren
God's 'practical joke' on Jew haters

Cherie Zaslawsky
Israel in the crosshairs: Part One

Cliff Kincaid
The next phase of Communist revolution in America

Cliff Kincaid
The Palestinian Removal Act

Victor Sharpe
What occupation?
  More columns


Click for full cartoon
More cartoons


Matt C. Abbott
Chris Adamo
Russ J. Alan
Bonnie Alba
Chuck Baldwin
Kevin J. Banet
J. Matt Barber
Fr. Tom Bartolomeo
. . .
[See more]

Sister sites