US Supreme Court Nominee Justice Samuel Alito Supported Public Menorah Display.

In 1994, the ACLU (American Civil Liberties Union) brought a suit against the City of Jersey City to stop it from erecting a holiday display which included a menorah, a crèche, a holiday tree, and a sign stating that the display was part of the broader celebration of diversity. The display of the crèche and menorah, both owned by the city, has gone on for thirty years and is done on property also owned by the city.

On November 28, 1995, a District Court agreed with the ACLU and ruled against the city, finding that the lack of secular symbols indicated that the city was only providing a religious display. The city then proceeded to a few more items to the display, even though they had been enjoined from erecting any display at all. Both sides appealed – the ACLU appealed the decision that the modified display was no constitutional and the city appealed the decision that there was anything wrong with the original display in the first place.

On February 16, 1999, the Third Circuit Court of Appeals essentially ruled against both the plaintiffs and the defendants. According the Court, the plaintiffs were wrong about the original display, finding that it was indeed unconstitutional; the Court also ruled against the ACLU when it came to the new display, finding that it was constitutional. Justice Samuel Alito Wrote the majority opinion for this ruling.

If you read the actual document You Should also notice that Chabad is Mentioned there, you might also notice listed under the Counsel for Appellants is a certain Nathan Lewin, who you might remember from the Hey Teves case regarding the Seforim.