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September 20, 2005

Pledge case progresses

A federal district court ruled last week that the Pledge of Allegiance policies of some California school boards are unconstitutional. Here's the Legal Clips summary of the decision. The district court ruled that it is bound by the earlier decision by the U.S. Court of Appeals for the Ninth Circuit striking down the Pledge policy of one of the boards. The Supreme Court threw out that case because plaintiff Michael Newdow lacked legal standing, but the lower court decided that the decision left intact the Ninth Circuit's ruling on the Pledge itself. Newdow's back, this time with other plaintiffs who have legal standing. The defendants argued that the Ninth Circuit's earlier decision was invalidated in its entirety, since Newdow lacked the standing to bring it in the first place. But the court disagreed, so we may see what the Ninth Circuit thinks now. The Fourth Circuit recently upheld Virginia's state law on the Pledge in schools, so some Pledge case may be headed back to the Supremes in the not too distant future. Also of note: the court upheld recitation of the Pledge at school board meetings.

Posted September 20, 2005 8:30 AM

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