case brief

Buono Plurality Brief: SG 1

Salazar v. Buono: Issue: ​Wooden cross was built in the Mojave desert in 1934 by the Veterans of Foreign Wars

Facts:

● Memorial was built to remember those who had died in World War I

● Original cross no longer exists, but continues to be rebuilt

● Frank Buono had petitioned to prevent the permanent display of the cross due to a

buddhist shrine request to build had been denied (1999)

● While the case was pending, congress had designated Sunrise Rock (a national park) and

barred the use of federal funds

● A year later a land swap had occurred for another piece of land and Sunrise Rock had

become private property

● Buono had motioned to uphold the order preventing the display of the cross but also to

prohibit the land swap

● The district court granted both motions

● The Secretary of the Interior appealed arguing the district court had abused its power

Supreme Court Decision:​ 5-4 decision in favor of Mr. Buono

Opinions:

Majority:​ Roberts, Scalia, Kennedy, Thomas, and Alito

“​Justice Anthony M. Kennedy writing for the plurality, the Court held that Mr. Buono has

standing to maintain this action. Justice Kennedy reasoned that when a party obtains a judgment

in its favor, like Mr. Buono, it acquires a "judicially cognizable" interest in ensuring compliance

with that judgment. The plurality also held that the district court erred in preventing the

government from implementing the land-transfer statute in order to protect Mr. Buono's rights. A

Buono Plurality Brief: SG 2

court may not order an injunction when it fails to consider all the circumstances bearing on the

need for preventive relief. The district court failed to consider the context in which the

land-transfer statute was enacted. Justice Kennedy concluded that upon remand the court should

conduct a proper inquiry into the continued need for preventive relief in light of the statute.”

(Oyez)

Dissenting:​ Stevens, Ginsburg, Breyer, and Sotomayer

Comments:

References:

Salazar v. Buono. (n.d.). ​Oyez​. Retrieved April 4, 2019, from https://www.oyez.org/cases/2009/08-472