essentialsaltes: (Patriotic)
[personal profile] essentialsaltes
2002: 9th Circuit Court of Appeals rules 'under god' in the Pledge unconstitutional
(2004): The Supremes nullify it, saying Newdow doesn't have standing.
2010: 9th Circuit Court of Appeals rules the Pledge constitutional. (200 page decision)

'Under god' is "a reference to the historical and religious traditions of our country, not a personal affirmation through prayer or invocation that the speaker believes in God." And the Pledge is an optional patriotic exercise.

[Similarly, 'In God We Trust' on our coinage is "of a patriotic or ceremonial
character and bears no true resemblance to a governmental
sponsorship of a religious exercise." (only a 15 pager!)]

I'm not really torqued about this. Especially since the courts keep reminding us that these are merely ceremonial utterances that don't really mean anything other than 'Yay America!'

Date: 2010-03-12 01:20 am (UTC)
From: [identity profile] essentialsaltes.livejournal.com
Holy shit, the dissent is twice as long as the opinion.

Date: 2010-03-12 07:54 pm (UTC)
From: [identity profile] essentialsaltes.livejournal.com
Boy is Judge Reinhardt pissed off. And I can't help but be amused at his swipe at Palin:

For many Americans, the current version of the Pledge is
the only version they have ever known. Some individuals not
familiar with our political history may even be under the
impression that its language dates back to the founding fathers.4

4See, for example, the words of former Governor Sarah Palin of Alaska:
“If [the Pledge] was good enough for the founding fathers, its [sic] good
enough for me . . . .” Eagle Forum Alaska, 2006 Gubernatorial Candidate
Questionnaire, July 31, 2006,

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