Two years ago, a federal judge dismissed the case, saying that the lawsuit raised issues that were identical with issues shot down by the Supreme Court in 2008, and furthermore didn't address any new injuries that the court could resolve. The Freethinkers appealed. The 8th Federal Circuit Court of Appeals, in a 2-to-1 vote, reversed the lower court decision, ruling that the Freethinkers, upon seeing the Ten Commandments monument, suffered the injury of causing them "to feel isolated and unwelcome: and "the removal of the monument from public property would remedy the injury." The dissenting judge said, "I see no reason" to send this matter back to the lower court, causing a new and needless round of litigation. This case has already been going on for ten years. Along the way, the atheists asked the city commissioners to set up another monument that would have read, "The government of the United States of America is not in any sense founded on the Christian religion." The commission declined.
I agree with the dissenting judge who wrote in favor of the Ten Commandments monument. There are several Ten Commandments depictions on the walls of the U.S. Supreme Court, and if it's OK to be in the Supreme Court itself, it should be OK in a public square. A Ten Commandments monument is not a violation of the First Amendment, and we should shame supremacist judges who try to say it is.
Listen to the radio commentary here: