[Don'tMessWithTexas]

On this issue, while Scalia will recuse himself on the First Amendment issue, he could decide whether Newdow actually had standing to bring his action in the first place. If Supremes determine that Newdow lacks standing, the court could overturn the 9th Circuit without even reaching the First Amendment issue.

[aristeides]

And standing was by far the weakest part of the Ninth Circus's opinions. That would be an easy way to get some of the leftists on the court to vote to reverse.

[Looking for Diogenes]

There are two distinct issues to be decided. I suppose, if Scalia has not spoken about the 'standing' issue previously, he'd be clear to help decide it. However it is likely that the SCOTUS will treat the case as a single entity. Standing is an issue in every case.