Pledge of Allegiance Watch: Federal Judge Declares Pledge Unconstitutional
A Federal Judge has ruled today that “Under God”is unconstitutional in the Pledge of Allegiance.
A federal judge in San Francisco ruled this morning that it is unconstitutional for public school children to recite the Pledge of Allegiance, because of its reference to one nation “under God.”
U.S. District Judge Lawrence Kartlon ruled he is bound by the precedent set by the Ninth U.S. Circuit Court of Appeals.
Well, this case resurfaces again.
Flap handicaps the Supremes will hear this case (albeit in a few years) and certainly SLAP the 9th Circuit when they overturn it. As they should!
And folks wonder why appointments to the federal bench are SO important.
Karlton ruled in a lawsuit brought by Sacramento atheist Michael Newdow on behalf of three families who are custodial parents of children who attend Northern California public schools and the students themselves.
Last year Newdow lost a similar attempt to have the pledge ruled unconstitutional when he sued on behalf of his daughter. The Ninth Circuit Court of Appeals agreed with Newdow’s argument the pledge violated the First Amendment’s ban on establishing religion. The case was appealed and ended up before the U.S. Supreme Court, but the justices declined to rule, saying there was a question about whether Newdow had custody of his daughter. Newdow returned to the issue earlier this year representing families of public school children.
Stay Tuned.
Update #1
The ASSociated Press has this account Judge: School Pledge Is Unconstitutional.
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.
Karlton, ruling in Sacramento, said he would sign a restraining order preventing the recitation of the pledge at the Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts, where the plaintiffs’ children attend.
Of course, the restraining order will be stayed but this issue will definitely be a HOT POLITICAL issue in California…..just in time for the November Special Election.
XRLQ has it right, Moron Judge of the Day: Lawrence Karlton
Hugh Hewitt has a solution, Calling for Justice McConnell?
Michelle Malkin has ONE NATION, UNDER ATHEISTIC INSANITY…
Technorati Tags: Pledge of Allegiance, Michael Newdow, Lawrence Karlton
4 Comments
Pingback:
Xrlq
If the story is as your brief snippet suggests, the judge should be removed from office for incompetence (if there were a constitutional way to do that, which unfortunately, there isn’t). How can any judge be “bound” by the “precedent” of a ruling that has been vacated?
Pingback:
Pingback: