DIRK KEMPTHORNE,Secretary of the Interior, et al.,

Petitioners,v.

FRANK BUONO

On Petition For A Writ Of CertiorariTo The United States Court Of Appeals

For The Ninth Circuit

BRIEF AMICI CURIAE OF VETERANS OFFOREIGN WARS OF THE UNITED STATES;

THE AMERICAN LEGION; MILITARY ORDEROF THE PURPLE HEART; VETERANSOF FOREIGN WARS DEPARTMENT OF

CALIFORNIA; AMERICAN EX-PRISONERSOF WAR IN SUPPORT OF PETITIONERS

PHILIP B. OND~RDON~:, JR.THE AMERICAN LEGION700 N. Pennsylvania StreetIndianapolis, IN 46204-1172(317) 630-1224

KELLY J SHACKELFORDCounsel of RecordHIRAM S. SASSER, III.ROGER L. BYRONLIBERTY LEGAL INSTITUTE

DANIEL J. MURPHYNational Judge AdvocateMILITARY ORDER OF THE

PURPLE HEART, INC.National Headquarters5413-B Backlick RoadSpringfield, VA 22151-3960

JAMES A. CLARK

903 18th Street, Suite 230Plano, TX 75074(972) 423-3131

JOHN J. MCNEILL, JR.VETERANS OF FOREIGN WARS

OF THE UNITED STATES34th & BroadwayKansas City, MO 64111

AMERICAN EX-PRISONERS OF WARNational Headquarters3201 East Pioneer Pkwy, #40Arlington, TX 76010

NICK GUESTVETERANS OF FOREIGN,WARS

OF THE UNITED STATESDEPARTMENT OF CALIFORNIA

1510 J Street, Suite 110Sacramento, CA 95814

COCKLE LAW BRIEF PRINTING CO. (800) 225-6964OR CALL COLLECT (402) 342-2831

TABLE OF CONTENTS

Page

TABLE OF AUTHORITIES ...................................ii

INTEREST OF AMICI IN THIS CASE ................. 1

SUMMARY OF THE ARGUMENT .......................4

ARGUMENT ...........................................................5

I. The Mojave Desert Veterans Memorialdeserves protection ......................................5

A. A cross is a common symbol honoringthe courage and sacrifice of veterans ofthe First World War ...............................7

B. Far from an Establishment Clause vio-lation, religious imagery such as across is deeply entrenched in Americanmilitary culture .....................................9

II. Removing the Mojave Desert VeteransMemorial after seventy-five years is anunreasonably hostile decision contrary tothe requirements of the EstablishmentClause ...........................................................11

i. Without action by this Court, countlessveterans memorials will perish, dishon-oring the memory of those who gavetheir lives for a cause greater thanthemselves and disheartening the mil-lions of veterans who find solace andunderstanding in such memorials ........14

CONCLUSION .......................................................18

ii

TABLE OF AUTHORITIES

Page

CASES

Elk Grove Unified Sch. Dist. v. Newdow, 542U.S. 1 (2004) ...........................................................6, 8

Eugene Sand & Gravel, Inc. v. City of Eugene,558 P.2d 338 (Or. 1976), cert. denied, 434U.S. 876 (1977) .....................................................8, 12

Freedom from Religiion Found., Inc., v. City ofMarshfield, 203 F.3d 487 (7th Cir. 2000) ...............13

Gonzales v. North T~wnship of Lake County, 4F.3d 1412 (7th Cir. 1993) ........................................11

Jewish War Veterans v. United States, 695F. Supp. 3 (D.D.C. 1988) .........................................11

Mercier v. Fraternal Order of Eagles, 395 F.3d693 (7th Cir. 2005) ..................................................13

Paulson v. City of San Diego, 294 F.3d 1124(9th Cir. 2002) .........................................................10

Separation of Churci~ & State Comm. v. City ofEugene, 93 F.3d 61.7 (9th Cir. 1996) .................11, 12

Summum v. Pleasant Grove City, 499 F.3d 1170(10th Cir. 2007) (McConnell, J., dissenting) ..........10

Van Orden v. Perry, 545 U.S. 677 (2005) ...................13

1

INTEREST OF AMICI CURIAE1

Veterans of Foreign Wars of the UnitedStates (’%~FW") - The VFW is a Congressionallychartered veterans service organization establishedin 1899 and representing over 2.3 million members.The VFW was instrumental in establishing theVeterans Administration, creating the World War IIGI Bill and very recently the GI Bill for the 21stCentury and developing the national cemetery sys-tem. The VFW also is instrumental in achieving

disability compensation of Vietnam veterans exposedto Agent Orange, veterans diagnosed with "Gulf WarUndiagnosed Illnesses," as well as many other enti-tlements. The VFW helped fund the creation of theVietnam Veterans Memorial, the Korean War Memo-rial, the World War II Memorial, the Women in Mili-tary Service Memorial and numerous othermemorials in the region of the nation’s capital. Thiscase is of great concern to the VFW as, upon lifting ofthe injunction, it will have final management andownership responsibility of the Mojave Desert Veter-ans Memorial. This case also threatens many of theother veterans memorials, reaching into the hundreds,

1 All counsel of record received notice of Amici’s intent to filethis brief at least ten days before this brief was due and con-sented to the filing of this brief. Amici state that no portion ofthis brief was authored by counsel for a party and that noperson or entity other than Amici or their counsel made amonetary contribution to the preparation or submission of thisbrief.

the VFW helped create and directly threatens the

erection of like veterans memorials in the future.

The American Legion - The American Legionis a veterans and community service organizationrepresenting approximately 2.6 million members plusan Auxiliary of almost 1 million members. The Ameri-can Legion helps veterans survive economic hardshipand secure government benefits. It drafted andobtained passage of ~he first G.I. Bill and its memberswere among the pri~nary contributors to the VietnamVeterans Memorial. It works to promote social stabil-ity and well-being for those that have honorablyserved our nation’s common defense. And it strives toensure that those w~terans who have sacrificed theirlives for our country are properly remembered in

local, state and national veterans memorials. Theproper resolution of this case is a matter of greatconcern to The American Legion because the ruling ofthe Ninth Circuit has a detrimental impact on itsability to honor those who have and do serve ournation’s armed forces.

Military Order of the Purple Heart, Inc. -The Military Order of the Purple Heart is a non-profitveterans service organization formed for the protec-

tion and mutual interest of all who have beenawarded the Purple; Heart. The Purple Heart is acombat decoration awarded only those members ofthe armed forces of the United States wounded by aweapon of war in the hands of the enemy. It is, aswell, awarded posthumously to the next of kin in thename of those who are killed in action or die of

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wounds received in action. Composed exclusively ofPurple Heart recipients, the Order is the only veter-ans service organization composed strictly of combatveterans. As its work, the Order conducts welfare,rehabilitation and service work for hospitalized andneedy veterans and their families. It has also erectedat least one memorial to the recipients of the PurpleHeart in every state in the nation. The Order isgreatly concerned with the outcome of this case as itdirectly affects the future of veterans memorials thathonor those who, like themselves, literally shed theirblood in this nation’s service.

Veterans of Foreign Wars Department ofCalifornia - The VFW Department of California isthe California arm of the VFW responsible for admin-istering VFW programs and initiatives within thestate. Accordingly, it works with the VFW member-ship of California to advance the mission and pro-grams of the VFW within the state and throughoutthe country, such as veterans benefits and aid for thewounded. This case is of great concern to the VFWDepartment of California. In accordance with VFWby-laws and procedure, following the May 2007charter revocation of Post 358 the VFW Departmentof California will assume ownership of and responsi-bility for the memorial at issue in this case upon thelifting of the injunction. This case is of great impor-tance to the VFW Department of California as itdirectly affects its statewide efforts to promote themission and ideals of the VFW in particular andservice to country in general.

4

American Ex-Prisoners of War ("AXPOW") -AXPOW is a national service organization composedof and open to all i~rmer prisoners of war from anywar involving the United States, including all formercivil internees, and their families. It provides aid toAmerican citizens who were captured by an enemy intime of war. It exists to help those captured in time ofwar deal with the trauma of their capture and con-finement. AXPOW is greatly concerned with theproper resolution of this case as any ruling adverse to

the nation’s veterans memorials would dishonor itsmembers who literally have been imprisoned inservice to this nation and only add to their trauma.

SUMMARY OF ARGUMENT

The Ninth Circ~ait not only struck down as un-constitutional a veterans memorial that has stood foralmost seventy-five years due solely to its use ofreligious imagery, it now refuses to allow the federalgovernment to convey the memorial and the landsurrounding it to the local VFW post who erected it inthe first place. There is no Establishment Clause

violation here. Military culture is replete with suchimagery, symbols with religious origins that havetaken on widely accepted meanings independent ofthe religions from w:hich they were derived. But evenif the memorial must be discarded because of suchsymbolism, certainly conveying the memorial and thesurrounding land in exchange for a fair market valuetrade in land is a reasonable alternative. Such a

5

harsh and draconian measure of requiring the re-moval or destruction of the memorial is unnecessary

and creates the perception of government hostilitytowards a time-honored means of honoring the na-tion’s military veterans. Failure on the part of thisCourt to reverse the Ninth Circuit will cause greatharm as the message of hostility to veterans will be

heard and countless veterans memorials will beaffected. The Court should grant Petitioner’s writ ofcertiorari and reverse the Ninth Circuit.

ARGUMENT

I. The Mojave Desert Veterans Memorialdeserves protection.

Veterans have been fighting and dying for thisCountry for more than two centuries. We have calledupon them to make extraordinary sacrifices in theface of great danger. They have saved this nation intimes of great peril, they have freed millions from thebondage of slavery and oppression and saved count-less lives around the world. Yet, as a nation, we oftenfail to honor their service in appropriate ways. Forexample, after saving the world from the darkness offascist oppression during World War II, we failed tohonor their service with a national veterans memorialfor more than 50 years.

As has been the case from ancient times, the toolof remembrance most often employed to honor mili-tary veterans and their service has been physical

6

monuments of one form or another prominentlydisplayed in public areas.2 These monuments haveoften included or been almost entirely composed ofsymbols that have religious significance. In thatregard this nation i~,~ certainly no exception. See, e.g.,Pet. App. at 47a n.6. As Justice O’Connor cogentlyobserved, "[i]t is unsurprising that a Nation foundedby religious refugees and dedicated to religious free-dom should find references to divinity in its symbols,songs, mottos and oaths. Eradicating such referenceswould sever ties to a history that sustains this Nationeven today." Elk Grove Unified Sch. Dist. v. Newdow,542 U.S. 1, 35-36 (2004) (O’Connor, J., concurring).

Because governments, from the federal govern-ment down to the local township, often neglect tohonor the service of veterans and the sacrifice ofthose lost in war with memorials, it is often left to theveterans themselves to raise the money and donatememorials that are worthy of display. Most of theseefforts are led by Amici and others like them. And likemany other veterans memorials, the memorial atissue in this case was donated by a local VFW post.

If these memorials were, shockingly, to be deter-mined now to violate the Establishment Clause, howare these governments to cure the defect? Must theytear them down and wound the spirit of veterans and

2 Occasionally, as :is the case with the Mojave DesertVeterans Memorial, veterans have erected memorials in obscureand remote places.

7

the families of fallen soldiers? Such an extremeresponse to the lawsuit of a passing heckler seems, atthe very least, inappropriate.

A. A cross is a common symbol honoringthe courage and sacrifice of veteransof the First World War.

The mechanized nature of the First World Warchanged forever the face of modern warfare. None

were prepared for the massive loss of life inflicted inthat war by the large scale implementation of themachine gun and a mechanized cavalry. Horrors suchas England’s "Million Dead," many of whom had beenvolunteers, took the nation’s embroiled in that warwholly by surprise. Along with the sacrifice of almostan entire generation of Western Europe with so littlediscernable justification came the need to commemo-rate that sacrifice in a visible, corporeal manner.Memorials to the fallen were erected across thecontinent. In short order, one of the premier symbolsof remembrance used for these memorials became SirReginald Blomfield’s Cross of Sacrifice, a lone crossemblazoned with a sword. Accordingly, through theyears, with its roots in Blomfield’s much heraldeddesign, the symbol most associated with remem-brance of World War I became a lone cross.

Thus, in 1934 the Veterans of Foreign Wars Post2884 determined that the symbol most representative

of the service of those Americans who died in thekilling fields that were World War I was a lone cross.

8

They were not alone in this determination. The

Canadian Cross of Sacrifice, dedicated on ArmisticeDay, 1927 in Arlington, Virginia, is a twenty-four footgranite cross that stands in honor of those Americanswho with great internal conviction joined the Cana-dian Armed Forces to fight in World War I before theUnited States entered the War. The Argonne Cross,also in Arlington, sits among nineteen pine trees thatrepresent the Argonne Forest where countless Ameri-can servicemen gaw; their lives in the same war. Thesame is true for the Memorial Peace Cross inBladensburg, Maryland, as well as countless otherlike memorials in co~ntless other localities.

In Western mili~Lary heritage, the image of a lonecross has become s:ynonymous with honoring thosewho fell in the First World War. The meaning andappropriateness of l~his symbolism is widely under-stood and accepted. See, e.g., Eugene Sand & Gravel,Inc. v. City of Eugene, 558 P.2d 338 (Or. 1976), cert.denied, 434 U.S. 876 (1977) (expressly recognizingtestimony that "a monument with a cross is an ap-propriate symbol for sacrifice by men who gave theirlives for their country in time of war"); Newdow, 542U.S. 1 at 36 (O’Connor, J., concurring) ("[f]aciallyreligious references can serve other valuable purposesin public life"). These memorials make no partisan orsectarian statement about religion or a government’sendorsement of it. Rather, they serve, "in theonly ways reasonably possible in our culture, thelegitimate secular purpose of... encouraging therecognition of what is worthy of appreciation in

9

society." Newdow, 124 S. Ct. at 36 (O’Connor, J.,concurring).

B. Far from an Establishment Clause vio-lation, religious imagery such as across is deeply entrenched in Ameri-can military culture.

American military culture is replete with reli-gious imagery. The Congressional Medal of Honor, forexample, the nation’s highest military decoration, hasas its centerpiece an etching of Minerva, Romangoddess of war, fending off Discord. The Navy andMarine Corps’ second highest military honor is theNavy Cross. The Army’s second highest militaryhonor is the Distinguished Service Cross. The AirForce’s second highest military honor is the Air ForceCross. Each of the services also recognize the highlydistinguished Distinguished Flying Cross as anhonored military decoration. In the American mili-tary, the cross is universally recognized as an emblemof honor and memorial for those to whom it isawarded and those for whom it is erected.

The military’s incorporation of religious imageryevinces no more endorsement or establishment ofreligion than the Shriners, known for their philan-thropic efforts to provide hospitals for children, use ofthe Islamic Star and Crescent symbol indicates theiradherence to Islam. The cross has been incorporated

by the Red Cross and the medical community at large- military medicine, in particular - as a symbol of

10

healing and service. Predictably, a pluralistic cul-ture’s exposure to w~rious religions has resulted in asecular incorporation of the more admirable, univer-sal ideals the religions represent, to include the use ofthat religion’s symbols.

Military culture is no different. The armed forces’use of religious imagery is no more than the recogni-tion that the highest ideals of military service,namely valor, selflessness and sacrifice, have beenbest exemplified by :religious imagery. There could befew if any symbols in Western military heritage moreappropriate to hon.or exemplary service and thegiving of one’s life to save another than a cross, auniversal symbol of beneficent sacrifice. Among thenation’s military veterans there are none more de-serving of such honor than the fallen, those whobraved the horrors of the battlefield and died there sothat others might li~e and breathe free. In the sameway, there are none :more qualified to determine whatsymbols best memorialize sacrifice of the fallen than

their comrades in arms, those who know firsthandthe conditions of their deaths and how they may best

be honored and remembered.

Without appropriate action by this Court, the

destruction of this and an untold number of likeveterans memorials :is sealed, and the rest fall deeperunder the threatening shadow of a judiciary alreadyproven hostile toward them. See, e.g., Paulson v. Cityof San Diego, 294 F.3d 1124 (9th Cir. 2002) (en banc);see also Summum v. Pleasant Grove City, 499 F.3d1170 (10th Cir. 20071) (McConnell, J., dissenting). The

11

veterans who fight and die for this Nation and thenerect memorials honoring the sacrifice of their breth-ren should, at the very least, receive the opportunityto preserve this small token of remembrance in theMojave Desert. Most who traverse that barren land-scape will never see the memorial that has stood as awitness of the honor and sacrifice of World War Iveterans for almost seventy-five years.

II. Removing the Mojave Desert VeteransMemorial after seventy-five years is anunreasonably hostile decision contrary tothe requirements of the EstablishmentClause.

This is not the first time a court has tarnishedthe service of veterans by demanding the removal of a

memorial of remembrance. Other courts have like-wise misapplied the Establishment Clause to eradi-cate veterans memorials designed to recognize "whatis worthy of appreciation in society," namely themilitary service and personal sacrifice of veterans forsomething greater than themselves. See, e.g., JewishWar Veterans v. United States, 695 F. Supp. 3 (D.D.C.1988) (a cross cannot serve as a veterans memorialwithout violating the endorsement test); Gonzales v.North Township of Lake County, 4 F.3d 1412 (7th Cir.

1993).

In fact, Separation of Church & State Comm. v.City of Eugene, 93 F.3d 617 (9th Cir. 1996), is theepitome of Establishment Clause catastrophe and a

12

perfect example of why Establishment Clause juris-prudence must be constantly revisited by this Court.Acknowledgement its not the same as endorsement.The veterans memc,rial at issue, a cross, was "firstcondemned, then twice approved, and now once againcondemned, all by well-intentioned judges seeking toapply the Establish~nent Clause of the United StatesConstitution." Id. at 620 (O’Scannlain, J., concurring).In fact, the veterans memorial in Eugene was origi-nally vindicated for’ the very reason that it was aveterans memorial, and thus held a secular purpose,despite that fact that it bore a cross. See id. at 625 n.9

("an appropriate ceremony was conducted by theAmerican Legion to dedicate the cross as the ’Vet-eran’s War Memorial Monument’") (quoting EugeneSand and Gravel, Inc. v. City of Eugene, 558 P.2d 338,

344 (Or. 1976), cert. denied, 434 U.S. 876 (1977))).

The memorial in this case was erected by theVeterans of Foreign Wars almost seventy-five yearsago to honor the fall[en of World War I. It eventuallybecame a memorial to "the Dead of All Wars." Fromthe start it was composed primarily of a lone cross.Though remote and out of the way, it has become anenduring symbol of honor to the nation’s veterans,past and present, as is evident by the numerous timesit has been replaced over its long life after falling intodisrepair. Each time it has been replaced, the mean-ing and appropriateness of a lone cross as a memorialto the nation’s military veterans has been understoodand preserved. It is unreasonable to conclude, as did

the Ninth Circuit, that the memorial is a violation of

13

the Establishment Clause and that the only solutionto the alleged violation is banishment, that the me-morial is so repugnant to the Constitution it must beforever removed from any land, public or, as intendedby Congress in this case, private land. The 2003conveyance of the memorial to the Veterans of For-eign Wars is an appropriate and valid measure tocure any alleged violation of the Constitution andpreserve the sanctity of a long-standing memorial tothe nation’s war dead. The validity of such a convey-ance has been expressly and repeatedly recognized bythe Seventh Circuit Court of Appeals. See Freedomfrom Religion Found., Inc., v. City of Marshfield, 203F.3d 487 (7th Cir. 2000) (upholding the sale of aportion of a municipal park on which stood a statute

of Jesus with arms extended); Mercier v. FraternalOrder of Eagles, 395 F.3d 693 (7th Cir. 2005) (uphold-ing the sale of a portion of a municipal park with

monument of Ten Commandments). The Ninth Cir-cuit’s approach, on the other hand, would seem to"create the very kind of religiously based divisivenessthat the Establishment Clause seeks to avoid." VanOrden v. Perry, 545 U.S. 677, 704 (2005) (Breyer, J.,concurring in the judgment).

While allegations that the memorial violates theEstablishment Clause are unreasonable, conveying

the memorial to a private party (particularly theprivate party that originally erected the memorial)

ensures that no one, reasonable or otherwise, couldpossibly perceive the memorial as a governmentendorsement of religion. At the same time, it renders

14

unnecessary even consideration of the draconianmeasure of dismantling a time-honored veteransmemorial, a measure any reasonable person wouldunderstand not only as hostility toward religion ingeneral but also toward the honor due the nation’smilitary veterans in particular.

i. Without action by this Court, countlessveterans !memorials will perish, dis-honoring the memory of those whogave their lives for a cause greaterthan themselves and disheartening themillions of veterans who find solaceand understanding in such memorials.

There are numerous veterans memorialsthroughout the country that invoke religious imagery.For example, the Argonne Cross in Arlington Ceme-tery, erected in part through the efforts of the Ar-gonne Unit American Legion, sits among nineteenpine trees that represent the Argonne Forest whereso many American servicemen gave their lives. Asimple inscription on the base of the cross reads: "INMEMORY OF OUR MEN IN FRANCE 1917 1918."

The Canadian Cross of Sacrifice, also among thegraves in Arlington Cemetery, is a twenty-four footgray granite cross that dominates its surroundingswith a bronze sword affixed to the cross. The Cross ofSacrifice was dedicated on Armistice Day, 1927,honoring those Americans, with great internal convic-tion, who joined the Canadian Armed Forces to fightin World War I before the United States joined the

15

war. Subsequently, the monument was modified tohonor those that served in World War II and theKorean War.

Photo provided by Arlington National Cemetery <http://www.arlingtoncemetery, org/visitor_information/C anadian_Cross.html>

In fact, in Arlington Cemetery alone, there arenumerous inscriptions of religious acknowledgementpermanently displayed on public property. Chaplain’sHill Monument bears the inscription, "May GodGrant Peace To Them And To The Nation TheyServed So Well." The Confederate War Memorialbears the inscription, "Victrix Causa Diis Placuit Sed

Victa Caton," which means "The Victorious Causewas Pleasing to the Gods, But the Lost Cause to

16

Cato" and depicts a woman extending a laurel wreathfrom ancient Greek religion to her fallen son. TheSpanish-American War Monument bears the inscrip-tion, "TO THE GLORY OF GOD AND IN GRATEFULREMEMBRANCE OF THE MEN AND WOMEN OFTHE ARMED FORCES WHO IN THIS CENTURYGAVE THEIR LIVES FOR OUR COUNTRY THATFREEDOM MIGHT LIVE." The Space Shuttle Chal-lenger Memorial bears the inscription, " ... put outmy hand, and touched the face of God." In Washing-ton, D.C., the Peace Monument stands as a forty-fourfoot high monument~ in the circle to the west of theCapitol at Pennsyl~ania Avenue and First Street,N.W. This war memorial was erected in 1877-78 tocommemorate the naval deaths at sea during theCivil War. Among the ancient Greek classical figures,Mars, the god of war and Neptune, the god of the seaare depicted, as well as the figure Victory, holding alaurel wreath. The Peace Memorial in Gettysburgbears the inscription, "With Firmness In The RightAs God Gives Us To See The Right - Lincoln." Count-less small towns and communities across the countryhave erected veterans memorials that bear religiousinscriptions or invoke religious imagery. The City ofChicago dedicated tlhe City Hall Memorial Plaque, aWorld War I and II memorial that bears the image ofan angel. Blooming Grove, Texas built a Korean andVietnam War Memorial that bears an inscription

from the Book of Ecclesiastes. Such is the nature ofthousands of war memorials across the country.

17

For some courts, these war memorials must betorn down. It is disheartening and distressing tothink that Arlington Cemetery must be gutted be-cause there are those who are offended by the reli,gious imagery. And,. under the Ninth Circuit’sapproach, no memorial may be preserved by convey-ing it to a veterans organization, probably the veryorganization that paid for the memorial in the firstplace.

The veterans memorials of this country were notlightly constructed, nor do they advance a particularcreed or religion. Instead, they represent this nation’sbest efforts to give meaning to a cause that cannotalone be sustained by empty rhetoric and talk ofabstract freedom. Veterans gave their best to thisnation so that it might not perish from the Earth, butrather long endure. At the very least, we request thisCourt to honor their sacrifice by preserving theremnants of their mark on us all, the veterans memo-rials.

In times past, the defense of this nation and thepreservation of the freedom of all people has beenequally born by most members of American society.However, in recent decades the transformation of themilitary into an all volunteer force has seen the arisalof a new breed of soldier, one who serves not forpersonal gain or ambition but to be a part of andcontribute to something greater than himself. Allthese veterans ask is that their time-honored memo-rial, standing in the middle of the desert, receive one

18

more opportunity ~o survive. Amici, representingmore than three rail]lion veterans, deserve as much.

CONCLUSION

The petition for a writ

granted.

Respectfully submitted,

PHILIP B. ONDERDONK, JR.THE AMERICAN LEGION700 N. Pennsylvania StreetIndianapolis, IN 46204-1172(317) 630-1224

DANIEL J. MURPHYNational Judge AdvocateMILITARY ORDER OF T~]~

PURPLE HEART, INC.National Headquarters5413-B Backlick RoadSpringfield, VA 22151-3960

JAMES A. CLARKAMERICAN EX-PRISONERS

OF WARNational Headquarters3201 East Pioneer Pkwy, #40Arlington, TX 76010

of certiorari should be

KELLY J SHACKELFORD

Counsel of RecordHIRAM S. SASSER, III.ROGER L. BYRONLIBERTY LEGAL INSTITUTE903 18th Street, Suite 230Plano, TX 75074(972) 423-3131

JOHN J. MCNEILL, JR.VETERANS OF FOREIGN WARS

OF THE UNITED STATES34th & BroadwayKansas City, MO 64111

NICK GUESTVETERANS OF FOREIGN WARS

OF THE UNITED STATESDEPARTMENT OF CALIFORNIA1510 J Street, Suite 110Sacramento, CA 95814