The Ninth Circuit Earns a Merit Badge in San Diego

The liberal appellate court wisely overrules a lower court’s decision to boot the Boy Scouts from public land.

The San Diego-Imperial Council of the Boy Scouts of America got an early (and unexpected) Christmas present from the Ninth Circuit Court of Appeals on Dec. 20. It came in the form of a unanimous, 41-page decision reversing a 2003 district-court ruling that the City of San Diego had violated the federal and state constitutions by leasing city property to the Boy Scouts on the same terms as it routinely does to many other nonprofit organizations. Amazingly, in the 2003 decision Judge Napoleon Jones ordered the Scouts evicted from…

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