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March 11, 2010 Print

9th Circuit: the Pledge is constitutional

by Bruce Hausknecht

From the majority opinion:

“We are called upon to decide whether the teacher-led recitation of the Pledge of Allegiance to the Flag of the United States of America, and to the Republic for which it stands, by students in public schools constitutes an establishment of religion prohibited by the United States Constitution. We hold it does not; the Pledge is Constitutional.”

The full 193 page decision is found here.

The 9th Circuit also today found the National Motto “In God We Trust” constitutional. That decision is here.

Ever-hopeful atheist Michael Newdow, who brought these cases, could appeal to a larger 9th Circuit panel of judges called an “en banc” panel, or directly to the Supreme Court. I don’t look for him to have any success in either venue.

The 9th  Circuit’s biggest liberal, Stephen Reinhardt, dissented in the Pledge case and would have also in the Motto case if the 9th Circuit hadn’t previously ruled on that very issue. But he made it clear he thinks both decisions are wrong. We’ll talk more about him and pending 9th Circuit nominee Professor Goodwin Liu as birds of a feather in an upcoming post.



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  • http://twitter.com/kevinjjones Kevin J Jones

    Stephen Reinhardt is reportedly married to Ramona Ripston, the Executive Director of the ACLU of Southern California who retired last month. Should he have recused himself?

    • Bruce

      Actually, I’m not sure of the answer to that. The relevant federal statute is 28 U.S.C. Section 455 and I don’t immediately see anything in his wife’s affiliation with the ACLU that automatically puts her situation into one of those categories.

      The question I would like to see answered is: How is it that Reinhardt seems to get himself appointed to the panels of all the big issue cases in the 9th Circuit, when those cases are supposedly assigned randomly? How did he manage to end up on BOTH Pledge cases (this one plus the one that was reversed by the Supreme Court)? As a caveat, I have to admit I’m not familiar with all his cases through the years, but on everything from assisted suicide to parental rights to the pledge of allegiance, he’s the bad penny that keeps showing up.

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