Buono v. Kempthorne

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed September 6, 2007, slip op. 11793, and appearing at 502 F.3d 1069, is amended as follows:

1. At slip op. 11816 [502 F.3d at 1082], footnote 13, delete “Although the Seventh Circuit adopted a presumption that “a sale of real property is an effective way for a public body to end its inappropriate endorsement of religion” in the absence of “unusual circumstances,” Marshfield, 203 F.3d at 491, we decline to adopt such presumption. The Supreme Court’s Establishment Clause jurisprudence recognizes the need to conduct a fact-specific…