salazar secretary interior et al buono argued october decided april members veterans foreign wars vfw placed latin cross federal land mojave national preserve preserve honor american soldiers died world war claiming offended religious symbol presence federal land respondent buono regular visitor preserve filed suit alleging violation first amendment establishment clause seeking injunction requiring government remove cross litigation first stage buono district found buono standing sue concluding presence cross federal land conveyed impression governmental endorsement religion see lemon kurtzman granted buono requested injunctive relief injunction district consider whether government actions regarding cross secular purpose caused entanglement religion government appeal pending congress passed department defense appropriations act directed secretary interior transfer cross land stands vfw exchange privately owned land elsewhere preserve statute affirming district judgment standing merits ninth circuit declined address statute effect buono suit statute constitutionality buono ii government seek review appeals judgment became final buono returned district seeking injunctive relief land transfer either enforcement modification injunction rejected government claim transfer bona fide attempt comply injunction concluding instead actually invalid attempt keep cross display granted buono motion enforce injunction denied moot motion amend permanently enjoined government implementing statute buono iii ninth circuit affirmed largely following district reasoning held judgment reversed case remanded reversed remanded justice kennedy joined full chief justice part justice alito concluded buono standing maintain action whatever validity government argument buono asserted injury offense religious symbol presence federal land personal confer article iii standing argument available stage litigation district rejected argument buono ninth circuit affirmed buono ii appeals judgment became final unreviewable upon expiration deadline filing certiorari petition moreover buono standing buono iii seek application injunction statute party obtains judgment favor acquires judicially cognizable interest ensuring compliance judgment see allen wright buono entitlement injunction established buono ii sought buono iii prevent government frustrating evading injunction interests sufficiently personal concrete support standing given rights obtained earlier decree party cross land government contention buono sought extend rather enforce injunction argument standing merits district order pp district erred enjoining government implementing statute premise relief necessary protect buono rights injunction pp may order injunction taking account circumstances bearing need prospective relief see swift district engage appropriate inquiry statute substantial change circumstances bearing propriety requested relief dismissing illicit motives congress passing district took insufficient account context statute enacted reasons passage placement cross federal land private persons attempt set state imprimatur particular creed rather intent simply honor fallen soldiers moreover cross stood nearly seven decades statute enacted time cross cause commemorated become entwined public consciousness injunction thus presented government dilemma maintain cross without violating injunction remove cross without conveying disrespect cross seen honoring deeming neither alternative satisfactory congress enacted statute statute embodied legislative judgment dispute best resolved framework policy accommodation statute dismissed evasion brought change law congressional statement policy applicable case pp legislative action undermines basis previous relief relevant question whether ongoing exercise equitable authority supported prior showing illegality judged claim changed circumstances render prospective relief inappropriate district granted injunction based solely conclusion presence cross federal land conveyed impression governmental endorsement religion ninth circuit affirmed grounds neither considered whether government acted based improper purpose given sole reliance perception relief grounded injunction rested basis district used injunction granted one reason perceived governmental endorsement basis enjoining conduct alleged objectionable different reason illicit governmental purpose ordering relief circumstances improper failed consider whether change law circumstances effected statute rendered reasonable observer standard inappropriate resolve dispute attempt reassess buono findings light accommodation policy embraced congress rather concentrated solely religious aspects cross divorced background context pp respect coordinate branch government forbids striking act congress except upon clear showing unconstitutionality see morrison requires congressional command given effect unless legal alternative exists even contrary congressional judgment land transfer thought insufficient accommodation light earlier endorsement finding incumbent upon district consider less drastic relief complete invalidation statute see ayotte planned parenthood northern new remand conduct proper inquiry continued necessity injunctive relief light statute pp justice alito concluded case remanded lower courts decide whether implementation statute violate district injunction establishment clause rather factual record sufficiently developed permit resolution questions decide hold statute may implemented case singular circumstances presented congress delicate problem solution approach designed eliminate perception religious sponsorship stemming location cross federally owned land avoiding disturbing symbolism associate destruction historic monument mechanism congress selected quite common west land exchange whereby ownership land cross located transferred vfw exchange another nearby parcel equal value land transfer violate district injunction obvious meaning simply government allow cross remain federal land statute implementation constitute endorsement religion violation establishment clause endorsement test views challenged religious display eyes hypothetical reasonable observer aware history pertinent facts relating display therefore observer familiar monument origin history thereby appreciate transfer represents effort congress address unique situation find solution best accommodates conflicting concerns finally statute enacted illicit purpose embracing monument religious message commemorate nation war dead avoid disturbing symbolism created monument destruction pp justice scalia joined justice thomas concluded need indeed decide case merits buono lacks article iii standing pursue relief seeks enforcement original injunction expansion enjoining government implementing statute issue district order went well beyond original injunction proscription cross display public property buono seeks new relief must show standing pursue relief demonstrating blocking land transfer redress prevent actual imminently threatened injury caused private official violation law summers earth island institute failed however allege injury even assuming offended religious display constitutes cognizable injury merely speculative whether cross remain place event buono made clear admitting objection christian symbols private property offended neither district courts discretion expand injunctions issued district characterization order merely enforcing existing injunction makes difference fact awards new relief must article iii jurisdiction pp kennedy announced judgment delivered opinion roberts joined alito joined part roberts filed concurring opinion alito filed opinion concurring part concurring judgment scalia filed opinion concurring judgment thomas joined stevens filed dissenting opinion ginsburg sotomayor joined breyer filed dissenting opinion ken salazar secretary interior et petitioners frank buono writ certiorari appeals ninth circuit april justice kennedy announced judgment delivered opinion chief justice joins justice alito joins part private citizens placed latin cross rock outcropping remote section mojave desert purpose intent honor american soldiers fell world war original cross deteriorated time reconstructed one stands place federal land asked consider challenge first placement cross continued presence federal land statute transfer cross land stands private party department defense appropriations act pub stat district permanently enjoined government implementing statute appeals affirmed conclude judgment error mojave national preserve preserve spans approximately million acres southeastern california preserve nestled within mojave desert whose picturesque rugged territory comprises square miles exceeding size combined area nation five smallest see geographical dictionary ed percent land preserve federally owned rest owned either state california private parties national park service division department interior administers preserve part national park system sunrise rock granite outcropping located within preserve sunrise rock area immediate vicinity federal land two private ranches located less two miles away record indicate whether fencing used mark boundary ranches members veterans foreign wars vfw mounted latin cross rock memorial soldiers died world war latin cross consists two bars vertical one shorter horizontal one cross replaced repaired various times years recently henry sandoz sandoz private citizen owns land elsewhere preserve portion prepared transfer government return conveyance vfw land cross stands pursuant statute review cross built sandoz consists diameter metal pipes painted white vertical bar less eight feet tall seen nearest highway lies miles away visible however cima road narrow stretch blacktop comes within feet sunrise rock cross gathering place easter services since first put place sunrise rock immediate area continue used campsite one time cross accompanied wooden signs stating cross erected memory dead wars members veterans foregin sic wars death valley post buono kempthorne signs since disappeared cross stands unmarked frank buono respondent retired park service employee makes regular visits preserve buono claims offended presence religious symbol federal land filed suit district central district california alleged violation establishment clause first amendment sought injunction requiring government remove cross litigation proceeded described four stages first district ruled buono favor opposing motions summary judgment buono norton supp cd cal buono initial matter found buono standing maintain establishment clause challenge merits parties agreed dispute governed lemon test district formulated follows government religious practice symbol survive establishment clause challenge secular purpose primary effect neither advances inhibits religion foster excessive state entanglement religion buono supra citing lemon kurtzman expressly declined consider whether government actions regarding cross secular purpose supp whether caused excessive entanglement religion instead evaluated primary effect cross asking viewed reasonable observer concluding presence cross federal land conveyed impression governmental endorsement religion granted buono request injunctive relief order buono injunction permanently forbade government permitting display latin cross area sunrise rock mojave national preserve app pet cert appeals ninth circuit stayed injunction extent required cross removed dismantled forbid alternative methods complying order government covered cross first tarpaulin later plywood box appeal judgment district affirmed standing merits buono establishment clause challenge buono norton buono ii like district appeals decide whether government action nonaction respect cross motivated secular purpose ruling based instead conclusion reasonable observer perceive cross federal land governmental endorsement religion government seek review judgment appeals buono ii became final relevant proceedings congress enacted certain statutes related cross buono filed congress passed appropriations bill included provision forbidding use governmental funds remove cross consolidated appropriations act pub stat buono pending district congress designated cross adjoining land national memorial commemorating participation world war honoring american veterans war department defense appropriations act pub stat secretary interior directed expend acquire replica original cross memorial plaque install plaque suitable nearby location three months buono decided congress prohibited spending governmental funds remove cross department defense appropriations act pub stat government appeal buono ii pending congress passed statute statute directing secretary interior transfer vfw government interest land designated national memorial department defense appropriations act pub stat exchange government receive land elsewhere preserve henry sandoz wife ibid difference value two parcels equalized cash payment statute provided property revert government maintained memorial commemorating participation world war honoring american veterans war stat statute presents central issue case appeals buono ii address effect suit potential land transfer statute noted transfer might take long two years complete effect yet known thus express ed view whether transfer completed statute pass constitutional muster appeals affirmed buono ii buono returned district seeking prevent land transfer sought injunctive relief transfer either enforcement modification injunction evaluating request trial described relevant question whether land transfer bona fide attempt comply injunction government claimed sham aimed keeping cross place buono claimed buono norton supp cd cal buono iii buono iii consider whether transfer independent violation establishment clause nevertheless concluded transfer attempt government keep cross atop sunrise rock invalid granted buono motion enforce injunction denied moot motion amend permanently enjoined government implementing statute appeals affirmed largely following reasoning district buono kempthorne government motion rehearing en banc denied dissent judge granted certiorari ii considering district order merits first inquiry must respect buono standing maintain action demonstrate standing plaintiff must alleged personal stake outcome controversy warrant invocation jurisdiction horne flores slip internal quotation marks omitted government argues buono asserted injury personal confer article iii standing noted buono find cross objectionable instead takes offense presence religious symbol federal land buono claim personal matter made feel excluded coerced government contends object presence cross brief petitioners whatever validity objection buono standing argument available government stage litigation buono moved district buono injunction requiring removal cross government raised standing objections proffers rejecting government position district entered judgment buono favor appeals affirmed buono ii government seek review judgment became final unreviewable upon expiration deadline filing petition certiorari toledo scale computing scale see missouri jenkins deadline mandatory jurisdictional government contest buono standing obtain final judgment buono course even though may reconsider whether buono standing seek injunction still necessary evaluate standing buono iii seek application injunction statute measure relief embodied judgment upon granted review measure relief buono standing seek party obtains judgment favor acquires judicially cognizable interest ensuring compliance judgment see allen wright plaintiffs right enforce desegregation decree parties personal interest created law state refrain taking specific actions obtained final judgment granting relief claims buono standing seek vindication government deny proposition general matter instead argues buono seeking vindicate rather extend injunction first injunction forbade government maintaining cross sunrise rock yet buono iii sought preclude land transfer different governmental action government contends buono lacked standing seek additional relief reply brief petitioners government argument however properly addressed relief granted judgment buono standing seek relief government challenged whether appropriate relief granted buono iii light relevant considerations legal principles shall consider questions standing inquiry contrast turns alleged injury prompted plaintiff invoke jurisdiction first place buono entitlement injunction established buono ii sought buono iii prevent government frustrating evading injunction based rights obtained earlier decree party regarding cross land interests sufficiently personal concrete support standing although buono also argued land transfer prohibited independent establishment clause violation district address order relief claim us buono iii supp case party seeks import previous standing determination wholly different dispute arguing buono sought extend rather enforce injunction government essence contends injunction provide basis district invalidate land transfer argument standing merits district order points must addressed iii procedural history litigation must considered identify issues subject review district granted injunction concluding cross federal land violated establishment clause government unsuccessfully challenged conclusion appeal judgment became final upon completion direct review point judgment became res judicata parties privity every matter offered received sustain defeat claim demand admissible matter might offered purpose travelers indemnity bailey slip internal quotation marks omitted government therefore ask reconsider propriety injunction district reasons granting question whether district properly enjoined government implementing statute district consider whether statute isolation violated establishment clause forbid land transfer independent constitutional violation buono iii supra rather enjoined compliance statute premise relief necessary protect rights buono secured injunction injunction exercise equitable authority ordered taking account circumstances bear need prospective relief see swift see also weinberger hecht bowles wright miller kane federal practice procedure pp ed hereinafter wright miller equitable relief granted matter course see weinberger particularly cautious contemplating relief implicates public interests see exercising sound discretion courts equity pay particular regard public consequences employing extraordinary remedy injunction harrisonville dickey clay mfg important public interest prejudiced reasons denying injunction may compelling injunctive relief drafted light believes future course events must never ignore significant changes law circumstances underlying injunction lest decree turned wrong wright miller quoting swift supra district engage appropriate inquiry statute substantial change circumstances bearing propriety requested relief however acknowledge statute significance examined events led statute enactment found intent prevent removal cross deeming intent illegitimate concluded nothing moment changed error even assuming statute attempt prevent removal cross follow injunction implementation appropriate dismissing congress motives illicit district took insufficient account context statute enacted reasons passage private citizens put cross sunrise rock commemorate american servicemen died world war although certainly christian symbol cross emplaced sunrise rock promote christian message cf county allegheny american civil liberties union greater pittsburgh chapter kennedy concurring judgment part dissenting part establishment clause forbids city permit permanent erection large latin cross roof city hall obtrusive religious display place government weight behind obvious effort proselytize behalf particular religion placement cross land attempt set imprimatur state particular creed rather erected cross intended simply honor nation fallen soldiers see brief veterans foreign wars et al amici curiae noting plaque accompanying cross decorated vfw decals time also played role cross stood sunrise rock nearly seven decades statute enacted cross cause commemorated become entwined public consciousness see ibid members public gathered regularly sunrise rock pay respects rather let cross deteriorate community members repeatedly took upon replace congress ultimately designated cross national memorial ranking among monuments honoring noble sacrifices constitute national heritage see note following listing officially designated national memorials including national memorial vietnam veterans memorial research discloses national memorial honoring american soldiers killed wounded world war see generally leland oboroceanu congressional research service report congress american war military operations casualties lists statistics reasonable interpret congressional designation giving recognition historical meaning cross attained cf van orden perry breyer concurring judgment years without legal challenge ten commandments display suggest public visiting surrounding grounds considered religious aspect tablets message part broader moral historical message reflective cultural heritage injunction thus presented government dilemma maintain cross without violating injunction remove cross without conveying disrespect cross seen honoring cf invalidate longstanding ten commandments display might create kind religiously based divisiveness establishment clause seeks avoid deeming neither alternative satisfactory congress enacted statute issue congress course may use legislative powers reopen final judgments see plaut spendthrift farm principle however bar statute government right transfer land adjudicated buono compromised injunction belittling government efforts attempt evade injunction buono iii supp district things backwards congress prerogative balance opposing interests institutional competence provide one principal reasons deference policy determinations see patsy board regents congress adopted policy respect land owns order resolve specific controversy congress executive judiciary duty support defend constitution see nixon performance assigned constitutional duties branch government must initially interpret constitution interpretation powers branch due great respect others statute embodies congress legislative judgment dispute best resolved framework policy accommodation symbol challenged establishment clause complex meaning beyond expression religious views judgment dismissed evasion statute brought change law congressional statement policy applicable case buono maintains governmental interest keeping cross must cede constitutional concerns injunction based argues land transfer incomplete remedy constitutional violation underlying injunction transfer make achieving proper remedy difficult brief respondent must find prospective relief fits remedy wrong injury established see swift continuing decree injunction directed events come subject always adaptation events may shape need see also shoe machinery legislative action undermined basis upon relief previously granted must consider whether original finding wrongdoing continues justify intervention see railway employees wright pennsylvania wheeling belmont bridge relevant question whether ongoing exercise equitable authority supported prior showing illegality judged claim changed circumstances rendered prospective relief inappropriate district granted injunction based solely conclusion presence cross federal land conveyed impression governmental endorsement religion expressly disavowed inquiry whether government actions secular purpose caused excessive entanglement buono supp appeals affirmed injunction grounds similarly eschewing scrutiny governmental purpose buono ii although purposes opinion propriety injunction may assumed following discussion read suggest agreement judgment aspects may questionable goal avoiding governmental endorsement require eradication religious symbols public realm cross side public highway marking instance place state trooper perished need taken statement governmental support sectarian beliefs constitution oblige government avoid public acknowledgment religion role society see lee weisman relentless attempt exclude religion every aspect public life become inconsistent constitution see also corporation presiding bishop church jesus christ saints amos long recognized government may sometimes must accommodate religious practices may without violating establishment clause internal quotation marks omitted rather leaves room accommodate divergent values within constitutionally permissible framework even assuming propriety original relief however question district buono iii whether invalidate land transfer given sole reliance perception basis injunction one expect relief grounded decree rested basis district enjoined land transfer entirely different basis suspicion illicit governmental purpose see buono iii supp made inquiry effect knowledge transfer land private ownership perceived governmental endorsement religion harm injunction addressed district thus used injunction granted one reason basis enjoining conduct alleged objectionable different reason ordering relief circumstances improper absent finding relief necessary address independent wrong see noting need consider buono contention land transfer independent violation establishment clause district evaluated buono modification request light objectives injunction injunction issued address impression conveyed cross federal private land even purpose characterized generally avoiding perception governmental endorsement purpose favor least oppose ownership cross private party rather government cf pleasant grove city summum slip ersons observe donated monuments routinely reasonably interpret conveying message property owner behalf buono argues cross continue stand sunrise rock visual differentiation rest primarily federally owned preserve also points reversionary clause statute requiring land returned government maintained world war memorial finally notes cross remains designated national memorial act congress arguably prevent vfw dismantling cross even wanted brief respondent district failed consider whether light change law circumstances effected statute reasonable observer standard continued appropriate framework consider establishment clause concerns invoked justify requested relief general matter courts considering establishment clause challenges inquire reasonable observer perceptions respect objects private land even however standard appropriate one see county allegheny kennedy concurring judgment part dissenting part criticizing reasonable observer test capitol square review advisory bd pinette plurality opinion criticizing reliance perceived endorsement clear buono claim meritorious test requires hypothetical construct objective observer knows pertinent facts circumstances surrounding symbol placement see concurring part concurring judgment see plurality opinion doubting workability reasonable observer test applying test message conveyed cross assessed context relevant factors see van orden breyer concurring judgment establishment clause inquiry must take account context consequences lee supra establishment clause jurisprudence remains delicate one district attempt reassess findings buono light policy accommodation congress embraced rather district concentrated solely religious aspects cross divorced background context latin cross merely reaffirmation christian beliefs symbol often used honor respect whose heroic acts noble contributions patient striving help secure honored place history nation people one latin cross desert evokes far religion evokes thousands small crosses foreign fields marking graves americans fell battles battles whose tragedies compounded fallen forgotten respect coordinate branch government forbids striking act congress except upon clear showing unconstitutionality see morrison el paso northeastern gutierrez respect requires congressional command given effect unless legal alternative exists even contrary congressional judgment land transfer thought insufficient accommodation light earlier finding religious endorsement incumbent upon district consider less drastic relief complete invalidation statute see ayotte planned parenthood northern new granting relief try nullify legislature work necessary know ruling unconstitutionality frustrates intent elected representatives people internal quotation marks omitted alteration original alaska airlines brock instance conveyance question might arise regarding necessity action signs indicate vfw ownership land noted congress directed secretary interior install near cross replica original memorial plaque one signs appears early photographs cross specifically identifies vfw group erected noting possibility specific remedies however indication agreement continued necessity injunctive relief statute bearing dispute must first determined date jurisprudence area refrained making sweeping pronouncements case ill suited announcing categorical rules light finding unconstitutionality buono highly nature inquiry best left district undertake analysis first instance remand buono continues challenge implementation statute district conduct proper inquiry described judgment appeals reversed case remanded proceedings ordered ken salazar secretary interior et petitioners frank buono writ certiorari appeals ninth circuit april chief justice roberts concurring oral argument respondent counsel stated likely consistent injunction government tear cross sell land veterans foreign wars return cross vfw immediately raising cross tr oral arg see make difference government skip empty ritual congress told sell land cross constitution deals substance shadows cummings missouri wall ken salazar secretary interior et petitioners frank buono writ certiorari appeals ninth circuit april justice alito concurring part concurring judgment join justice kennedy opinion respects one remand case lower courts decide whether implementation statute enacted congress department defense appropriations act violate district injunction establishment clause factual record sufficiently developed permit resolution questions therefore decide hold statute may implemented singular circumstances surrounding monument sunrise rock presented congress delicate problem solution congress devised true spirit practical accommodation made nation unparalleled pluralism religious tolerance brief situation congress faced follows service first world war group veterans moved mojave desert cases health joined veterans foreign wars vfw death valley post raised simple white cross outcropping called sunrise rock honor fallen american veterans selected sunrise rock part believed color shading rock shape american soldier one men john riley bembry miner served medic thus presumably witnessed carnage war said bembry particularly religious man nevertheless agreed look cross sunrise rock monument located land belonging federal government part country much land federally owned boundaries government private land often private citizens permitted go use federal land variety although sunrise rock federally owned bembry fellow veterans took upon place monument spot apparently without obtaining approval federal officials use federal land seems gone largely unnoticed many years likelihood due spot remote rugged location sunrise rock situated far major population center temperatures often exceed degrees fahrenheit summer visitors warned dangers traveling result least litigation likely cross seen rattlesnakes humans humans made trip see monument appear viewed conveying least two significantly different messages see pleasant grove city utah summum slip meaning conveyed monument generally simple one monument may interpreted different observers variety ways cross course preeminent symbol christianity easter services long held sunrise rock noted original reason placement cross commemorate american war dead particularly searing memories great war symbol selected plain unadorned white cross doubt evoked unforgettable image white crosses row row marked final resting places many american soldiers fell conflict roughly things stood plaintiff case employee national park service sometimes viewed cross performance duties claims offended presence federally owned land brought suit obtained injunction restraining federal government permitting display latin cross area sunrise rock app pet cert ninth circuit affirmed decision government elected seek review congress faced problem congress done nothing government required take cross stood sunrise rock nearly years removal viewed many sign disrespect brave soldiers cross meant honor demolition venerable unsophisticated monument also interpreted arresting symbol government neutral hostile matters religion bent eliminating public places symbols trace country religious heritage cf van orden perry breyer concurring judgment one possible solution supplement monument sunrise rock appropriately recognized religious diversity american soldiers gave lives first world war american military cemeteries overseas graves soldiers perished war marked either white cross white star jewish soldiers gave lives world war congress might chosen place star david sunrise rock monument duplicate two types headstones congress may well thought without reason addition yet another religious symbol unlikely satisfy plaintiff attorneys lower courts found existing monument ground impermissibly endorsed religion congress chose alternative approach designed eliminate perception religious sponsorship stemming location cross federally owned land time avoiding disturbing symbolism associated destruction historic monument mechanism congress selected one quite common west land exchange congress enacted law ownership parcel land sunrise rock located transferred vfw exchange another nearby parcel equal value congress required sunrise rock parcel used war memorial stat congress prevent vfw supplementing existing monument replacing war memorial different design although justice stevens characterizes land exchange one endorses particular religious view post dissenting opinion noteworthy congress country religious diversity well represented passed law overwhelming majorities senate house see cong rec view legal ground blocking implementation law dissent contends land transfer violate district injunction argument reasons explained justice scalia opinion see ante concurring judgment plainly unsound obvious meaning injunction simply government allow cross remain federal land also merit justice stevens contention implementation statute constitute endorsement christianity thus violate establishment clause assuming appropriate apply endorsement test test violated land exchange endorsement test views challenged display eyes hypothetical reasonable observer deemed aware history pertinent facts relating challenged display see ante opinion kennedy therefore observer familiar origin history monument also know land monument located privately owned new owner obligation preserve monument present design knowledge reasonable observer view land exchange equivalent construction official world war memorial national mall cf post rather observer appreciate transfer represents effort congress address unique situation find solution best accommodates conflicting concerns finally reject justice stevens suggestion enactment law motivated illicit purpose id dismissive congress citizens federal election slip stevens concurring part dissenting part congress shown notable solicitude rights religious minorities see religious freedom restoration act et seq religious land use institutionalized persons act et seq jump conclusion congress aim enacting law embrace religious message cross rather see reason doubt congress consistent goal legislating regard sunrise rock monument commemorate nation war dead avoid disturbing symbolism created destruction monument reasons reverse decision remand instructions vacate order prohibiting implementation statute ken salazar secretary interior et petitioners frank buono writ certiorari appeals ninth circuit april justice scalia justice thomas joins concurring judgment agree plurality appeals erred affirming district order enjoining transfer memorial veterans foreign wars vfw reason however quite different view need indeed decide merits parties dispute frank buono lacks article iii standing pursue relief seeks district power award requested relief authority limited fact dismissing cause steel citizens better environment quoting ex parte mccardle wall plurality correct buono standing obtain original injunction us see ante buono standing request enforcement original injunction issue sought compel compliance existing order article iii stand way plurality admits however relief buono requests district awarded proceeding enforcement original injunction expansion see ante reasonable reading original injunction context proscribed cross display federal land buono alleged injuries arose cross presence public property see app injunction accordingly prohibited government employees agents active concert permitting display latin cross area sunrise rock mojave national preserve app pet cert barring government permitting cross display particular location makes sense government owns location proprietor remove cross private parties erected deny permission erect another land privately owned government prevent cross display making illegal prohibitory legislation consist mere refusal permi enactment legislation injunction commanded command raise serious first amendment questions district order purporting enforce earlier injunction went well beyond barring display cross public property buono request enjoined certain government officials anyone acting concert implementing provisions section public law statutory provision enacted original injunction directs executive branch transfer memorial vfw buono seeks new relief must show district ensured standing pursue party invoking jurisdiction buono bears burden showing standing type relief sought summers earth island institute slip see los angeles lyons plaintiff sidestep article iii requirements combining request injunctive relief standing request injunctive relief lacks standing reason plaintiff ask expand existing injunction unless standing seek additional relief buono must therefore demonstrate additional relief sought blocking transfer memorial private party redress prevent actual imminently threatened injury caused private official violation law summers supra slip failed however allege actual imminent injury begin predicate injury might assert vfw taking possession land continue display cross stage merely nothing statutes compels vfw future proprietor keep land reverts back government conveyed property longer maintained war memorial pub stat depend whether cross moreover buono alleged much less established harmed vfw decide keep cross contrary amended complaint averred deeply offended display latin cross property objection christian symbols private property app subsequent deposition agreed statement thing offensive cross discovered located federal land signed declaration several months later reiterated although presence cross federally owned land preserve deeply offends impairs enjoyment preserve ha objection christian symbols private property short even assuming deeply offended religious display taking steps avoid seeing constitutes cognizable injury buono made clear considerations bear upon plurality assertion buono standing prevent government frustrating evading original injunction ante refers frustration evasion narrow sense injunction need indeed insusceptible protection issued remedy sole complaint buono brought forward erection cross public land entirely effective remedying complaint induced congress abandon public ownership land meant narrow sense plurality assertion need prevent frustration evasion government ignores reality district order awarded new relief beyond scope original injunction revised injunction directed buono new complaint manner abandoning public ownership nature new private ownership violate establishment clause may jurisdiction prevent frustration evasion prior injunction broader sense eliminate unconstitutional manner satisfying prior injunction surely unless someone standing complain unconstitutional manner preventing frustration evasion injunction includes expanding cover additional actions produce concrete harm original plaintiff standing law area make sense answer district discretion expand injunction issued finds existing terms fulfilling original purpose doubtless sense master injunctions whether district abused discretion enlarging injunction beside point matters granted relief beyond existing order buono must standing seek extension also makes difference district said merely enforcing original injunction question whether fact new order goes beyond old one must satisfy jurisdiction award additional relief includes making certain plaintiff standing see steel true whether revisits injunction party request initiative article iii requirement merely prerequisite relief restraint judicial power see summers supra slip keeping within bounds constitutional authority often comes cost litigants lost considerable time money disputing merits forced forgo opportunity clarify law adhering article iii limits upon jurisdiction respects authority people chosen make carry laws case congress determined transferring memorial private hands best serves public interest complies constitution executive defends decision seeks carry federal courts warrant revisit decision risk replacing people judgment unless proper case brought ken salazar secretary interior et petitioners frank buono writ certiorari appeals ninth circuit april justice stevens justice ginsburg justice sotomayor join dissenting congress designated white cross located mojave national preserve national memorial commemorating participation world war honoring american veterans war department defense appropriations act pub stat later year judgment open question district determined display cross violated establishment clause convey ed message endorsement religion buono norton supp cd cal buono question case whether congress subsequent decision transfer ownership property underlying cross cured violation establishment clause nothing else prohibits government details upon men women believe benevolent omnipotent creator ruler world known differ van orden perry stevens dissenting quoting lee weisman scalia dissenting latin cross necessarily symbolizes one important tenets upon believers benevolent creator well nonbelievers known differ view district right enforce prior judgment enjoining congress proposed remedy remedy engineered leave cross intact alter basic meaning certainly agree nation memorialize service fought died world war lawfully continued endorsement starkly sectarian message history recounted plurality indicates case comes us procedural posture significantly narrows question presented first stage litigation district appeals ruled government violated establishment clause permitting display single white latin cross sunrise rock courts ruled appropriate remedy injunction prohibiting government permitting display latin cross area sunrise rock mojave national preserve app government declined seek writ certiorari following rulings accordingly purpose case settled sunrise rock cross project message government endorsement religion reasonable observer buono norton buono ii district remedy endorsement proper however faced additional fact congress enacted statute directing secretary interior transfer parcel land containing cross veterans foreign wars vfw subject certain conditions exchange parcel land elsewhere preserve see department defense appropriations act pub stat district found land transfer violate judgment ordering permanent injunction actually cur continuing establishment clause violation buono norton supp cd cal buono iii district therefore enforced judgment enjoining transfer without considering whether land transfer independent violation establishment clause district base decision upon independent establishment clause violation constitutionality statute us see ante instead question confront whether district properly enforced judgment enjoining transfer answering question like district must first consider whether transfer violate injunction must consider whether changed circumstances nonetheless rendered enforcement judgment inappropriate conversely whether made necessary district bar transfer even transfer expressly prohibited prior injunction order achieve intended objective injunction plurality correctly notes must never ignore significant changes law circumstances underlying injunction ante quoting wright miller kane federal practice procedure pp ed hereinafter wright miller continuing decree injunction directed events come subject always adaptation events may shape need ante quoting swift time axiomatic party seeks enforce modify injunction circumstances matter changed circumstances see swift injunction whether right wrong subject impeachment application conditions existed making accept district task evaluate changed circumstances light objectives injunction ante case simply pit plaintiff prior showing illegality defendant claim changed circumstances rendered prospective relief inappropriate ante formulation implies changed circumstances cut one direction prospective relief defendant asked alleviate obligations important note case government move alleviate eliminate conditions restrictions imposed original decree permit transfer wright miller rather beneficiary original injunction went back seeking enforcement modification light transfer plainly respondent standing seek enforcement decree respondent argued action necessary either enforce plain terms injunction achieve purposes provisions decree shoe machinery see wright miller must continually willing redraft order request party obtained equitable relief order insure decree accomplishes intended result point government argue changed circumstances made prospective relief unnecessary difference focus subtle one important emphasize question district us whether enjoining transfer necessary effectuate letter logic judgment although agree plurality basic framework disagree decision remand case district district already engage appropriate inquiry ante well within rights enforce judgment first district properly recognized transfer means permitting indeed encouraging display cross transfer therefore violate terms original injunction second even transfer violate terms injunction district properly took account events transpired since determined barring transfer necessary achieve intended result decree transfer eliminate government endorsement religion ii first step analysis straightforward district ask whether transfer property violate extant injunction terms injunction answer yes injunction barred government permitting display latin cross area sunrise rock mojave national preserve app statute mandated transfer land organization announced intention maintain cross sunrise rock action surely permit display cross see oxford english dictionary ed defining permit admit allow occurrence give leave opportunity true government longer exert direct control cross transfer act permitting display therefore disagree justice scalia reasonable reading original injunction proscribed cross display federal land ante opinion concurring judgment land already privately owned justice scalia may correct cross display sunrise rock violate injunction government anything allow cross stand government try prevent display making display illegal government land transfer statute requires executive branch take affirmative act transfer private ownership designed keep cross place evaluating claim government impermissibly permit cross display effecting transfer start baseline cross already transferred moreover designed specifically foster display cross regardless government wanted accommodat interests associated display ante plurality opinion foreseeable also intended cross remain standing indeed far record indicates government purpose turning land private hands therefore proper district find transfer violate injunction enforce injunction transfer iii already noted respondent beneficiary injunction moved district relief beneficiary injunction seeks relief achieve purposes provisions decree shoe machinery district authority modify decree achieve required result appropriate expedition thus regardless whether transfer prohibited plain terms judgment district properly inquired whether enjoining transfer necessary achieve objective judgment government faces high burden arguing district exceeded authority decree may changed interests defendants purposes litigation fully achieved emphasis deleted contrary government position changed circumstances case support rather count district enforcement decision objective judgment plurality grudgingly allows avoi perception governmental endorsement religion ante see buono iii supp analyzing government action endorsing religion actually light transfer parties disagree point rather dispute whether transfer end government endorsement cross compare brief petitioners congress transfer land ends governmental endorsement cross brief respondent government endorsement christian cross remedied land transfer district rightly found transfer end government endorsement cross government practice violates establishment clause either purpose effect religion county allegheny american civil liberties union greater pittsburgh chapter whether key word essential principle remains establishment clause least prohibits government appearing take position questions religious belief adherence religion relevant way person standing political community quoting lynch donnelly concurring injunction based finding display cross effect endorsing religion sunrise rock cross project message government endorsement religion reasonable observer buono ii determination government endorsed religion necessarily rested two premises first government endorsed cross second cross take position questions religious belief es adherence religion relevant person standing political community county allegheny taking district finding establishment clause violation res judicata must land transfer potential dislodge first premises transfer might change government endorsing relationship cross explain disagree transfer ordered fact result also worth noting outset transfer statute dislodge second premise cross conveys religious message continuing government endorsement cross thus continuing government endorsement religion view transfer ordered end government endorsement cross two independently sufficient reasons first transfer continue appear reasonable observer government endorsed cross notwithstanding name changed title small patch underlying land particularly true government designated cross national memorial endorsement continues regardless whether cross sits public private land second transfer continues existing government endorsement cross purpose transfer preserve display congress intent preserve display cross maintains government endorsement cross plurality conclude contrary decide transfer end government endorsement cross religious message conveys rather plurality concludes district conduct appropriate analysis remands case take purported faults plurality finds district analysis examination reasons transfer cure existing establishment clause violation perception cross injunction based upon finding impermissible effect sunrise rock cross project message government endorsement religion reasonable observer buono ii transfer end impermissible state affairs cross still effect communicating message government endorsement religion lynch concurring appeals correctly found othing present posture case alters conclusion reasonable observer perceive governmental endorsement message cross conveys buono kempthorne buono iv original judgment appeals found reasonable observer perceive government endorsement religion notwithstanding cross initial placement private individuals based upon following facts cross rests public land congress designated cross war memorial prohibited use funds remove park service denied similar access expression adherent buddhist faith buono ii transfer observer know cross longer public land additionally aware following facts cross public land government enjoined permitting display congress transferred specific purchaser order preserve display location government maintained reversionary interest land chain events addition factors remain transfer perceive government endorsement particularly important analysis although transfer might remove implicit endorsement presence public land signifies see capitol square review advisory bd pinette stevens dissenting fact sign installed public property implies official recognition reinforcement message change fact government taken several explicit actions endorse cross decision upholding initial entry injunction appeals found actions contributed reasonable observer perception government endorsement buono ii significance depend upon ownership land district entered initial injunction congress passed legislation prohibiting use federal funds remove cross location federal property see consolidated appropriations act pub app stat department defense appropriations act pub stat thus beyond merely acquiescing continued presence cross federal property congress singled cross special treatment affirmatively commanded cross must remain congress also made dramatic intervention without benefit committee hearings floor debate either senate house representatives indeed without moment discussion official forum congress passed legislation officially designating white cross mojave desert national memorial commemorating participation world war honoring american veterans war stat thereafter cross longer local artifact acquired formal national status highest order momentous step taken changing identity owner underlying land longer change public private character cross government expressly adopted cross even though congress recognized cross military associations solitary cross conveys inescapably sectarian message see separation church state comm eugene concurring result city use cross memorialize war dead may lead observers believe city chosen honor christian veterans district observed undisputed atin cross preeminent symbol christianity exclusively christian symbol symbol religion buono supp recognized significance latin cross sectarian participant litigation denies cross bears social meaning making plain unadorned latin cross war memorial make cross secular makes war memorial fundamentally however message conveyed cross open reconsideration given posture case plurality employs revealing turn phrase characterizes cross symbol challenged establishment clause complex meaning beyond expression religious views ante days considering cross challenged establishment clause settled government permitted endorse cross however complex meaning cross appeals considered rejected argument dual symbolism war memorial meant government endorsement cross amount endorsement religion see buono ii debating juncture whether shift public private ownership land sufficiently distanced government cross longer debating message cross conveys reasonable observer arguing congress legitimately favor cross purported double meaning plurality implicitly tries reopen plurality also poses different objection consideration whether transfer change reasonable observer perception cross plurality suggests observer standard may appropriate framework courts considering establishment clause challenges general matter inquire observer perceptions respect objects private land ante plurality approach fails pay heed posture case risk stating obvious respondent simply challenging private object private land although establishment clause violation must moored government action sort pinette concurring part concurring judgment respondent objection transfer easily meets test two reasons first currently challenging official legislation taken response identified establishment clause violation legislation transfer public land particular private party proviso transferee must use land fulfill specific public function else land reverts back government second even transfer complete cross remain national memorial cross therefore purely private object meaningful sense notwithstanding facts plurality appears conclude transfer might render cross purely private speech relies part plurality opinion pinette suggestion reasonable observer standard may apposite pinette addressed privately owned cross displayed public forum pinette plurality rejected idea neutrally behaving government ever endorse private religious expression even reasonable observer perceive government endorsement pinette plurality acknowledged government favoritism private religious speech unconstitutional government giv es sectarian religious speech preferential access forum close seat government anywhere else matter case government acting neutrally transfer statute government actions preceding favored cross furthermore even assuming wrongly cross purely private speech transfer even assuming quite implausibly transfer statute neutral respect cross still appropriate district apply reasonable observer standard majority pinette rejected per se rule proposed plurality instead relevant standard provides establishment clause violated whenever state actions relationship private speech issue actually convey message endorsement concurring part concurring judgment moreover establishment clause imposes affirmative obligations may require state situations take steps avoid perceived supporting endorsing private religious message ibid particularly appropriate context issue whether transfer cures already identified establishment clause violation district consider whether government complying taken sufficient steps avoid perceived endorsing cross explained outset section answer inquiry surely reasonable observer knows pertinent facts circumstances surrounding symbol placement ante perceive government endorsed cross prohibited use federal funds take cross designated cross national memorial engaged herculean efforts preserve latin cross following district initial injunction buono iii supp efforts include transfer statute designed keep cross place changing ownership status underlying land manner required change fact cross conveys message government endorsement religion purpose enacting transfer statute even setting aside effect cross still convey message government endorsement religion district correct conclude cure establishment clause violation purpose transfer preserve display cross evident purpose maintains government endorsement cross plurality really contest congress purpose ante need review evidence great detail suffice say record provides ample support statute authorizes conveyance particular recipient expressed intent preserve cross see brief veterans foreign wars et al amici curiae transfer recipient intends maintain preserve veterans memorial identifying veterans memorial cross plaque conveys particular land already designated national memorial commemorating veterans world war stat subject reversionary clause requiring memorial commemorating participation world war honoring american veterans war maintained categorically require new owner property display existing memorial meeting description cross see stat statute certainly encourages result indeed government concedes congress sought preserve longstanding war memorial site brief petitioners emphasis added memorial preserved sunrise rock cross plurality insists however even assuming purpose land transfer preserve display cross enjoining transfer necessarily appropriate contends district failed give adequate consideration context statute enacted reasons passage ante directs district attention three factors message intended private citizens first erected cross ibid time cross stood sunrise rock historical meaning ante congress balancing opposing interests selection policy accommodation ante see also ante first two factors red herrings district enforcement decision occasion consider anew either private message intended erected cross long cross stood atop sunrise rock neither factors constituted novel changed circumstance since entry injunction whatever message initially erected cross intended think presume christian one least part simple reason erected cross chose commemorate american veterans explicitly christian manner historical fact change grant amount time cross stood sunrise rock change years years one seriously maintain historical meaning cross attained ante materially transformed brings us final factor identified plurality congress policy accommodation course district consider congress policy sense considered result congress trying achieve respect cross keep place see buono iii supp proposed transfer subject property viewed attempt keep latin cross atop sunrise rock without actually curing continuing establishment clause violation understand plurality faulting district failing inquire deeper level motivation purpose transfer keep cross place purpose keeping cross place see incumbent upon district examine purpose determining whether transfer violated injunction discussed part ii supra injunction barred government permitting display cross fairly encompasses act providing opportunity cross display entirely appropriate district characterize transfer purpose preserving cross attempt evade injunction find government purpose preserve cross maintains government endorsement cross plurality district revise entire analysis whether transfer end government endorsement light plurality view statute putative purpose analysis ignores procedural posture case question whether violated establishment clause argument might merit instead examining whether action taken purpose preserving display cross cures continues government endorsement view purpose continues impermissible endorsement indeed favoritism toward cross regardless congress chose intervene event congress purpose little plurality position without relying legislative history findings none plurality opines congress wanted keep cross place order accommodate might view removal conveying disrespect cross seen honoring ante suggests decision acceptable method balanc ing opposing interests cross complex meaning beyond expression religious views ante already explained meaning cross complex otherwise longer us plurality reliance congressional statement policy negating government endorsement religion finds support logic precedent cross take nonsectarian character congressional judicial fiat plurality evaluation congress actions divorced methodology prescribed precedent provides evaluate purpose based upon objective indicia intent reveal reasonable observer see mccreary county american civil liberties union eyes look purpose belong objective observer one takes account traditional external signs show text legislative history implementation statute comparable official act internal quotation marks omitted easonable observers reasonable memories precedents sensibly forbid observer turn blind eye context policy arose quoting santa fe independent school dist doe plurality nowhere engages reasonable observer view congress policy accommodation cross instead plurality insists deference owed congress prerogative balance opposing interests institutional competence ante proper remedy establishment clause violation legal judgment sort issue congress wisdom experience far superior citizens fec stevens dissenting slip quoting colorado republican federal campaign comm fec stevens dissenting moreover inference congress exercised institutional competence even considered judgment significantly weaker case legislative action buried defense appropriations bill buono iii supp far record shows undertaken without deliberation whatsoever dismissive congress see ante opinion alito presents factual findings reasoning long history legislative adjustment citizens stevens dissenting slip quoting fec beaumont possibly defer congress devote years careful study citizens stevens dissenting slip develop record kind much less exhaustive one see slip noting legislative record bipartisan campaign reform act spanned pages concurrence attempt draw equivalence provision tucked silently appropriations bill major statute debated developed many years say least persuasive legislative acts fungible furthermore establishment clause context accord special deference legislature account generic advantages policymaking body purpose test satisfied long secular purpose government action apparent mccreary county emphasis added government pursue secular aim religious means see van orden stevens dissenting though state texas may genuinely wish combat juvenile delinquency may rightly want honor eagles efforts effectuate admirable purposes explicitly religious medium odd plurality ignores principles exalting particular legislative determination reasonable observer considering nature symbol timing substance congress efforts history sunrise rock site conclude congress chose preserve cross primarily salience cross cf mccreary county observer thrown hands probably suspect counties simply reaching way keep religious document walls conclusion necessary find religious meaning cross settled judgment question us whether government sufficiently distanced cross end government endorsement least stress reasonable observer conclude government purpose transferring underlying land sufficiently distance government cross indeed evidenced concern whether cross displayed district therefore correct find transfer end government endorsement religion iv sum conclude transfer ordered end government endorsement cross contrary may accentuate problem respects transfer perpetuate establishment clause violation issue injunction conclude enjoining transfer necessary secure relief given transfer statute fundamental inadequacy remedy need district consider less drastic relief complete invalidation statute ante allowing transfer go forward interfere district authority enforce judgment deprive district ability ensure complete remedy allowing transfer go forward made complete remedy measures signs fences indicating ownership land measures completely end government endorsement cross land transferred manner favoring cross cross remain designated national memorial enjoining compliance therefore proper exercise district authority enforce judgment congressional action taken due deliberation honors fallen soldiers merits highest respect far tell however unprecedented nation history designate bare unadorned cross national war memorial particular group veterans neither korean war memorial vietnam war memorial world war ii memorial commemorates veterans sacrifice sectarian predominantly religious ways impressive structures pays equal respect members armed forces perished service country conflicts case contrast sectarian symbol memorial congress established national monument veterans great war solitary cross middle desert national world war memorial sequence legislative decisions made designate preserve solitary latin cross isolated location desert memorial fought died world war failed cure establishment clause violation also view resulted dramatically inadequate inappropriate tribute believe judges find clear establishment clause violation congress simply directed solitary latin cross erected mall nation capital serve world war memorial congress erect cross commanded cross remain place gave cross imprimatur government transferring land pursuant perpetuate rather cure unambiguous endorsement sectarian message mojave desert remote location far seat government government interest honoring rendered heroic public service regardless creed well constitutional responsibility avoid endorsement particular religious view control wherever national memorials speak behalf entire country respectfully dissent ken salazar secretary interior et petitioners frank buono writ certiorari appeals ninth circuit april justice breyer dissenting district case entered permanent injunction forbidding government permi display latin cross area sunrise rock mojave national preserve app subsequently government authorities covered cross plywood box seen congress enacted statute directing secretary interior convey private entity approximately one acre land upon cross stood presumably cross displayed uncovered plaintiff returning district asked transfer violates injunction buono norton supp cd cal quoting plaintiff motion held question us whether law permits district interpret injunction answer question need address significant issue establishment clause law government already lost case taken appeal lost appeal must take given lower resolution establishment clause question land transfer say plurality points ante must assume original display cross violated constitution presence cross federal land conveys message reasonable observer governmental endorsement religion buono norton supp cd cal see travelers indemnity bailey slip orders become final direct review res judicata parties reason must assume plaintiff originally standing bring lawsuit ante see also ante scalia concurring judgment travelers supra slip orders less preclusive collateral attack jurisdictional plurality also points plaintiff consequently standing seek enforcement injunction ante see also allen wright moreover faced question whether changed circumstances require modification injunction government ask district modify fact government ask district relief rather plaintiff asked district either land transfer violates current injunction injunction prohibit land transfer violates establishment clause supp quoting plaintiff motion district former interpreted injunction prohibiting government transferring land purposes displaying cross granted plaintiff request enforce injunction dismissed plaintiff alternative request modify injunction moot thus said outset question us whether law permits district hold land transfer presumably along subsequent public display cross falls within scope original injunctive order order says government must permi display latin cross area sunrise rock mojave national preserve app view law authorizes district legal principles answer question presented found constitution cases concern law injunctions first law injunctions grants district considerable leeway interpret meaning application injunctive order members written construction given injunction issuing judge entitled great weight madsen women health center scalia concurring judgment part dissenting part courts appeals consistently held district courts considerable discretion interpreting applying injunctive decrees see jth tax block eastern tax alabama nursing home assn harris principle longstanding well established reflected prominent treatise writer summary case law granting injunction necessarily invested large discretion enforcing obedience mandate courts appellate powers exceedingly averse interfering exercise judgment discretion high law injunctions pp ed second construe scope injunction light purpose history words decree really designed accomplish mayor vicksburg henson courts long looked objects injunctive relief granted well circumstances attending deciding whether enjoined party complied injunction high supra citing cases see also john stetson stephen stetson long refused permit defendants evade responsibility violating injunction subterfuge thing terms violation yet produces effect accomplishing substantially enjoined stodder rosen talking mach mass two principles adequately support district interpretation application injunctive language issue initial matter plain text injunction reasonably read prohibit transfer right cross covered plywood box transfer box removed cross displayed transfer thus permits public display cross indeed statute objective consideration injunction purpose points direction injunction rested upon district determination display cross conveys message endorsement religion reasonable observer violation establishment clause supp said present purposes must assume purpose injunction prevent conveyance message reasonable observer purpose mind consider following facts confronted district plaintiff asked enforce decree government designated white cross well limited amount adjoining land national memorial pub stat new statute directed transfer property designated national memorial private entity interest maintaining cross current location exchange parcel land located elsewhere preserve owned private individuals taken similar interest cross pub stat transfer made subject condition recipient maintain conveyed property memorial property reverts secretary determines recipient failed transfer cross sit acre privately owned land million acre national preserve federally owned supp congress previously prevented use federal funds remove cross present location pub stat pub stat district considered facts lens injunction original purpose see supp explaining overnment continuing control latin cross involvement private parties desir continued presence preserve demonstrat transfer end overnment apparent endorsement particular religion considering historical context transfer statute see also buono kempthorne carving tiny parcel property midst vast preserve nothing minimize impermissible governmental endorsement perceived reasonable observer concluded land transfer frustrate purpose see supp transfer keep latin cross atop sunrise rock without actually curing continuing establishment clause violation see also finding othing present posture case alters earlier conclusions regarding reasonable observer perceive view reasonable conclusion injunction forbids government permit display cross sunrise rock basic purpose prevent reasonable observer believing government endorsed cross circumstances presented district transfer resulted display might well conveyed message consequently district decision land transfer violated injunction written intended abuse discretion ninth circuit properly held appeal establishment clause implications changed circumstances may matter us cf frew hawkins enjoined defendant establishes reason modify decree make necessary changes done however decree enforced according terms conclusion rests primarily upon law injunctions law fairly clear properly reach beyond law consider underlying establishment clause standing questions find federal question general significance case believe granted petition certiorari granted dismiss writ improvidently granted since done however believe simply affirm ninth circuit judgment respect dissent footnotes see memorandum mark luellen historian dept interior superintendent mojave national preserve luellen memo decl charles shockey buono norton cd mar exh brief vfw et al amici curiae hereinafter vfw brief see also ausmus east mojave diary hereinafter ausmus see luellen memo vfw brief see tr oral arg vfw brief see also ausmus see vfw brief see app testimony respondent noting first saw monument know whether public private land describing mojave preserve primarily federal land large amount inholdings land see also wilkie robbins see taylor grazing act stat amended et seq general mining act rev stat andrus shell oil see also nystrom dept interior national park service neglected space protected place administrative history mojave national preserve ch mar describing mining grazing mojave preserve online http internet materials visited apr available clerk case file see dept interior national park service mojave national preserve operating hours seasons http casebier mojave road guide adventure time see holt american military cemeteries see also american battle monuments commission http cemeteries containing photographs two types markers policy presumably reflected religious makeup armed forces time first world war today veterans families may select types headstones see dept veterans affairs available emblems belief placement government headstones markers http see fredman falk jews american wars ed brief jewish war veterans america amicus curiae see draffan blaeloch commons commodity dilemma federal land exchanges congressionally authorized land exchanges common see consolidated natural resources act stat national defense authorization act fiscal year stat city yuma improvement act stat act stat footnotes appeals conclusion buono standing seek original injunction however control decision doctrine doctrine comes play issue asked resolve already decided litigation see quern jordan earlier decision ninth circuit addressed buono standing seek original injunction barring display cross public land see buono norton occasion address standing seek expansion injunction bar transfer enabling cross display private property moreover buono failed raise issue brief opposition certiorari may deem waived see rule cf knowles iowa principal dissent dispute original injunction require government ban cross display private land yet insists injunction nonetheless forbade transferring land private party keep cross place post opinion stevens basis injunction text treating sale land private purchaser promise take cross permitting cross display failing forbid cross presence land within mojave national preserve treated latter less involves allow ing act existence tolerat ing display cross webster new international dictionary ed principal dissent responds determining whether transfer complies original injunction start baseline cross already transferred post effect transferring land private party free keep cross standing identical far original injunction concerned allowing party already owned land leave cross place buono argues government continued supervision site reversionary interest property memorial ongoing designation national memorial add establishment clause violation brief respondent aspects irrelevant cross longer displayed principal dissent insists post clear cross remain vfw asserted amicus brief intends maintain preserve veterans memorial memorial veterans elsewhere referred cross plaque comprise veterans memorial brief vfw et al amici curiae group stated intentions prove cross stay put vfw might follow plans vfw post already became defunct litigation might move cross another private parcel substitute different monument sunrise rock might sell land someone else decides honor dead without cross principal dissent argues despite disclaimers buono complaint deposition declaration real injury inability freely use area preserve around cross government unconstitutional endorsement cross induce avoid sunrise rock area post internal quotation marks citation omitted endorsement buono complained placement cross land app offend property open groups individuals erect freestanding permanent displays app nothing buono complaint deposition declaration establishes unable freely use area preserve sunrise rock made private property new proprietor displays cross agree justice breyer interpreting ambiguous injunction give great weight interpretation judge issued post dissenting opinion mean must accept construction district places upon order issued reasonable reading original injunction bar land transfer also require government ban display latin cross private land area sunrise rock mojave national preserve app pet cert implausible interpretation one advocates footnotes one point contention accept general matter must consider whether legislative action undermined basis upon relief previously granted ante effect legislative action case different effect cases espousing principle stand proposition statutory right modified competent authority since decree injunction enforcing prior version right must modified conform change law pennsylvania wheeling belmont bridge see also railway employees wright case like district authority adopt consent decree comes statute decree intended enforce must free modify terms consent decree change law brings terms conflict statutory objectives constitutional case legislative action may modify facts change applicable law extent government challenges respondent standing seek initial injunction issue reasons plurality see ante moreover view respondent standing even analysis justice scalia undertakes speculative ante opinion concurring judgment vfw continue display cross vfw post beneficiary land transfer filed amici brief case indicating intends maintain preserve veterans memorial brief veterans foreign wars et al amici curiae means cross identifying veterans memorial cross plaque respondent amended complaint aver offended specifically display latin cross property app claimed injury unable freely use area preserve around cross buono norton buono ii internal quotation marks omitted government unconstitutional endorsement cross induce avoid sunrise rock area even though offers convenient route preserve app endorsement respondent resulting injury persist aggravated government actions since complaint filed plurality faults district engaging analysis district implicitly consider reasonable observer perceive cross analyzed terms transfer government continuing property rights conveyed land history government efforts preserve cross furthermore appeals affirmed district order express ground reasonable observer still perceive government endorsement cross see buono iv chief justice suggests much ado nothing respondent counsel conceded injunction violated government gone empty ritual taking cross transferring land ante concurring opinion colloquy chief justice refers counsel assumed government retain reversionary interest land cross retain designation national memorial see tr oral arg even chief justice revised version hypothetical quickly decide taking cross makes material difference counsel statement takes position whether hypothetical poses constitutional problem independent injunction regardless must deal substance case us involves much congress directing government execute simple land transfer less informed reasonable observer see capitol square review advisory bd pinette stevens dissenting reach conclusion cross still appear stand government property transfer merely carv es tiny parcel property midst vast preserve like donut hole cross atop buono kempthorne reasonable observer transfer simply change effect cross plurality barely mentions designation except assert designation gave recognition historical meaning cross see ante plurality acknowledge ninth circuit affirmed judgment concluded designation one factors lead reasonable observer perceive government endorsement religion see buono ii plurality address effect designation reasonable observer perception cross regardless whether cross sits private land see ante see pinette characterizing ku klux cross religious speech concurring part concurring judgment cross especially potent sectarian symbol souter concurring part concurring judgment latin cross principal symbol christianity around world display cross alone reasonably taken secular point stevens dissenting latin cross identifiable symbol particular religion christianity symbol particular denominations within christianity county allegheny american civil liberties union greater pittsburgh chapter kennedy concurring judgment part dissenting part establishment clause forbids city permit permanent erection large latin cross roof city hall obtrusive religious display place government weight behind obvious effort proselytize behalf particular religion context critical establishment clause inquiry every use religious symbol war memorial indicate government endorsement religious message see van orden perry breyer concurring judgment determine message text conveys must examine text used inquiry requires us consider context display county allegheny effect crèche display turns setting lynch donnelly concurring every government practice must judged unique circumstances determine whether constitutes endorsement disapproval religion cross merely one part elaborate monument taken whole may understood convey primarily nonreligious message rather cross symbol conveying message plurality assertions regarding meaning cross therefore beside point record however agree bare cross conveys nonsectarian meaning simply crosses often used commemorate heroic acts noble contributions patient striving honor fallen soldiers ante cross universal symbol sacrifice symbol one particular sacrifice sacrifice carries deeply significant meaning adhere christian faith cross sometimes used true represent sacrifice individual marks grave fallen soldier recognizes state trooper perished line duty even cross carries religious meaning use cross circumstances linked shows respects individual honoree faith beliefs consider tragic nation fallen veterans forgotten see ibid countless different ways consistent constitution outcome may averted also disagree plurality factual premise cross cause commemorated become entwined public consciousness secular manner ante although members community knew cross originally erected war memorial support record idea members public gathered regularly sunrise rock pay respects fallen world war veterans study conducted national park service historian indicates group veterans gathered cross early easter sunrise services memorandum mark luellen superintendent mojave national preserve decl peter eliasberg buono norton edcv cd mar exh evidence gatherings ever held armistice day veterans day study reveals local club organized social events community cross local veteran passed away memory associations white cross war memorial faded locals inspired reinstate easter sunrise services cross ibid although plurality uses term accommodation read opinion suggest congress policy cross anything accommodating individual religious practice cf county allegheny display crèche justified religion sure prohibiting display deprives christians satisfaction seeing government adopt religious message kind government affiliation particular religious messages precisely establishment clause precludes justice alito similarly affords great weight congress purported interest avoiding disturbing symbolism associated destruction historic monument ante opinion concurring part concurring judgment surely agree government violated establishment clause adjudged case beyond question plaintiff must afforded complete remedy remedy may sometimes require removing religious symbol regrettably number people may perceive remedy evidence government bent eliminating public places symbols trace country religious heritage ante follow government decline cure establishment clause violation order avoid offense may case taking symbol remedy proper remedy like determination violation necessarily context specific even involves moving cross need involve demolition destruction cross see ante regardless case question us whether particular transfer provided complete remedy way knowing whether congress motivation minimize offense event interest ameliorate remedial ineffectiveness jump ed conclusion congress aim enacting land transfer law embrace religious message cross ante opinion alito think reasonable observer come conclusion point long agree congress aim preserve cross justice alito dispute congress reason preserving cross matter debating whether congress religious purpose passing transfer statute contest relevance vote count inquiry see ante particularly case one infer much anything provision fact appropriations bill passed overwhelming majority