Salazar v. Buono

Holding: In a highly fractured decision, the Court sent back for reconsideration a case in which Congress enacted legislation to transfer federal property containing a cross to a veterans organization in response to a prior court ruling that leaving the cross on federal property violated the Establishment Clause.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Anthony Kennedy on April 28, 2010. Chief Justice Roberts concurred; Justice Alito concurred in part and concurred in the judgment; and Justice Scalia concurred in the judgment, joined by Justice Thomas. Justice Stevens dissented, joined by Justices Ginsburg and Sotomayor. Justice Breyer also dissented.

Briefs and Documents

Merits Briefs

• Brief for Petitioner Ken L. Salazar, Secretary of the Interior, et al.
• Brief for Respondent Frank Buono
• Reply Brief for Petitioner Ken L. Salazar, Secretary of the Interior, et al.

Amicus Briefs

• Brief for the Foundation for Free Expression in Support of Petitioner
• Brief for the Fidelis Center for Law and Policy and CatholicVote.org in Support of Petitioner
• Brief for the Foundation for Moral Law in Support of Petitioner
• Brief for the American Center for Law and Justice and 15 Members of Congress in Support of Petitioner
• Brief for the Becket Fund in Support of Petitioner
• Brief for the National Legal Foundation in Support of Petitioner
• Brief for the Christian Legal Society and the National Association of Evangelicals in Support of Petitioner
• Brief for the Thomas More Law Center, Rear Admiral Jeremiah Denton, USN (Ret.), Robert Martino, Sybil Martino, Julie Bloomfield, and the Individual Rights Foundation in Support of Petitioner
• Brief for the Utah Highway Patrol Association and Robert E. Mackey in Support of Petitioner
• Brief for the Liberty Counsel in Support of Petitioner
• Brief for Faith and Action, the Institute in Basic Life Principals, the International Reapers Foundation, and A Committee of Concerned American Citizens in Support of Petitioner
• Brief for the Amerian Legion Department in Support of Petitioner
• Brief for Citizens United, Citizens United Foundation, and Renewing American Leadership in Support of Petitioner
• Brief for the Boys Scouts of America in Support of Petitioner
• Brief for the American Civil Rights Union in Support of Petitioner
• Brief for States of Indiana, Alabama, Alaska, Colorado, Florida, Idaho, Louisiana, Michigan, South Carolina, Texas, and Utah in Support of Petitioner
• Brief for the International Municipal Lawyers Association in Support of Petitioner
• Brief for Veterans of Foreign Wars of the United States, The American Legion, Military Order of the Purple Heart, VFW Department of California, American Ex-Prisoners of War, VFW Post 385, and Lieutenant Colonel Allen R. Miliefsky United States Air Force (Retired) in Support of Petitioners (reprint)
• Brief for the Eagle Forum Education & Legal Defense Fund in Support of Petitioner
• Brief for the American Humanist Association, the American Ethical Union, Atheist Alliance International, Military Association of Atheists and Freethinkers, Secular Student Alliance, and the Society for Humanistic Judaism in Support of Respondent
• Brief for Former High-Ranking Military Officials Colonel David Antoon, Brigadier General Israel Drazin, Vice-Admiral Bernard Kauderer, Colonel Richard L. Klass, Brigadier General A.A. “Tony” Verrengia, and Colonel Lawrence B. Wilkerson in Support of Respondent
• Brief for the Center for Inquiry in Support of Respondent
• Brief for Public Employees for Environmental Responsibility and the Western Lands Project in Support of Respondent
• Brief for the American Muslim Armed Forces and Veterans Affairs Council, and The Muslim American Veterans Association in Support of Respondent
• Brief for Jewish War Veterans of the United States of America in Support of Respondent
• Brief for the Freedom from Religion Foundation in Support of Respondent
• Brief for the Baptist Joint Committee for Religious Liberty and the Interfaith Alliance in Support of Respondent
• Brief for the Jewish Social Policy Action Network in Support of Respondent
• Brief for the American Jewish Congress and the American Jewish Committee in Support of Respondent
• Brief for Americans United for Separation of Church and State, the Anti-Defamation League, the Jewish Council for Public Affairs, Military Religious Freedom Foundation, the North American South Asian Bar Association, People for The American Way Foundation, and Union for Reform Judaism in Support of Respondent

Certiorari-stage documents

• Opinion below (9th Circuit) _
• Petition for certiorari
• Brief in opposition
• Brief amici curiae of the Veterans of Foreign Wars, et al. (in support of petitioner)
• Petitioner's reply