Justice Alito, concurring in part and concurring in the judgment. I join Justice Kennedy’s opinion in all respects but one: I would not remand this case for the lower courts to decide whether implementation of the land-transfer statute enacted by Congress in 2003, Department of Defense Appropriations Act, 2004, §8121, would violate the District Court’s injunction or the Establishment Clause. The factual rec…
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