WASHINGTON (CNN) - The Supreme Court offered conflicting concerns Wednesday over a cross, erected as a war memorial, that sits on national parkland in the Mojave Desert and whether it violates the constitutional separation of church and state.
Conservative members of the bench suggested that Congress acted properly when it tried to transfer land around the Mojave Memorial Cross to veterans groups, an effort to eliminate any Establishment Clause violation. A federal appeals panel had blocked that land swap.
"Isn't that a sensible interpretation" of a federal court injunction banning the display on government property, Justice Samuel Alito asked.
But Justice Stephen Breyer was adamant that the government had not acted in good faith. "You are violating this injunction" that ordered removal of the cross, he told the government's lawyer.
The swing vote - as he is in many hot-button issues - may be Justice Anthony Kennedy, who questioned attorneys on both sides but did not indicate how he was leaning.