During arguments Wednesday in a major establishment clause dispute over a Latin cross that stands as a war memorial on federal land in the Mojave Desert, the Supreme Court justices seemed to be seeking a narrow way to decide the case, often getting bogged down in procedural matters. But there were also moments of drama. A lawyer in attendance said that after an interjection by Justice Antonin Scalia, "you could audibly hear people breathing in," adding, "A lot of people were surprised at the insensitivity of that comment."
At High Court, Cross Words Over Mojave Memorial
The National Law Journal
October 8, 2009