" 'A rose is a rose is a rose.' Gertrude Stein, Sacred Emily, 1913.
Stein wrote this sentiment to express the flower's indescribable, unchangeable essence. The panel appears to have transmogrified Stein's ode to a rose into a new rule of law 'a cross is a cross is a cross.' Alas, that is neither good poetry nor valid law."
Judge Carlos Bea dissents from the Ninth Circuit's decision to deny an en banc hearing in Trunk v. City of San D...
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