Though the U.S. Supreme Court said last month it would not review an appeal of a lower court ruling that the cross atop Mount Soledad is unconstitutional, the case was back in federal court Thursday.
During an Oct. 19 hearing, Judge Larry Burns will decide if the Mount Soledad Memorial Association will be a party to the lawsuit between the U.S. government and the American Civil Liberties Union.
Burns said he was would likely grant a motion to include the association in the suit, adding that any settlement would require memorial association buy-in to avoid further legal wrangling. The association maintains a war memorial, which sits on federal land atop Mount Soledad.
The association’s legal counsel and an attorney representing Congressmen Brian Bilbray and Duncan Hunter claim that clandestine settlement negotiations are underway between the ACLU and the U.S. Justice Department.