Pledge Issue Comes Back to Haunt SCOTUS

Judge: School Pledge Is Unconstitutional.

SAN FRANCISCO - A federal judge declared the reciting of the Pledge of Allegiance in public schools unconstitutional Wednesday, a decision that could put the divisive issue on track for another round of Supreme Court arguments.

The case was brought by the same atheist whose previous battle against the words "under God" was rejected last year by the Supreme Court on procedural grounds.

U.S. District Judge Lawrence Karlton ruled that the pledge's reference to one nation "under God" violates school children's right to be "free from a coercive requirement to affirm God."

Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.

The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of.

Newdow, an attorney and a medical doctor, filed an identical case on behalf of three unnamed parents and their children. Karlton said those families have the right to sue.

Newdow hopes that will make it more likely the merits of his case will be addressed by the high court.

The dumbasses of Supreme Court could have just dealt with then and there! But noooooooo.... you had to dismiss it on a technicality and just put it off until later.

Geniuses.

Posted by Kyer at September 14, 2005 07:33 PM | TrackBack