How is the recent Supreme Court decision in Summum related to this case?
This case tests the boundaries of the Supreme Court’s recent decision in Pleasant Grove City v. Summum, which sets the standard for deciding when permanent monuments are government speech, and when they are private speech. Two of the three judges in the original Summum panel are hearing this appeal, and the lawyer for Summum is also the lawyer for American Atheists. What will be the implications if American Atheists prevails? If American Atheists prevails it would have a direct impact on the six states within the Tenth Circuit: Utah, Colorado, New Mexico, Oklahoma, Kansas, and Wyoming. Any privately-erected, religious memorials on government property in those states could be vulnerable to a court challenge. This includes historical descansos in New Mexico. Other states could be affected the same way because the Tenth Circuit’s ruling would be persuasive, but not binding, authority for courts in those states. Where and when is the case being argued? The case is being argued on Monday, M
