The Supreme Court, press accounts report, reversed the Ninth Circuit’s Pledge of Allegiance decision, holding that Michael Newdow didn’t have standing to challenge the Pledge (since under state law he didn’t have sufficient custodial rights with respect to his daughter). The Court didn’t reach the Establishment Clause question of whether “under God” in the Pledge is indeed unconstitutional.
Some will say, “Rats, too bad the Court didn’t squarely reaffirm the constitutionality of the ‘under God’ Pledge.” Others may say, “Too bad the Court didn’t strike it down.” Others might say, “Good thing that the Court is taking procedural requirements like this seriously.” Others might say other things.
I say, “Great! One less case that I have to try to edit down to a manageable size for the textbook supplement that I have due in a few weeks.”
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