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June 26, 2002

Knocking the Pledge

The GOP is already foaming at the mouth over the 9th Circuit's ruling that "under God" in the Pledge of Allegiance is unconstitutional. See the opinion (a pdf file).
...But the decision was really inevitable. As the judges in this decision note, Justice Anthony Kennedy in dissent back in 1989 had highlighted that the establishment clause decisions by the Court would mean that the Pledge would be considered unconstitutional in its present form, as amended in 1954 when the words "under God" were added.
...There's a small chance that O'Connor might support upholding the pledge, but it seems doubtful given her other decisions.
...Some on the Right will try to play the judges as leftwing traitors, although the main opinion was by a Nixon judge, but I actually think this one is pretty easy to sell to most moderates. The Pledge will survive in the form it existed for its whole history until 1954-- hardly a revolution.

Posted by Nathan at June 26, 2002 04:56 PM


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