[asmith92008]

The scary thing is that they dismissed the case rather than ruling on its merits. That meant that there was likely a four-four split (Scallia having recused himself for a dreadfully foolish comment he made on the case before getting it in the Court). If the Court had deadlocked, everyone covered by the 9th Circuit would still be banned from saying the pledge in school. WE dodged the bullet here but our liberty won't be safe until we take the gun away from the Court.

[The Ghost of FReepers Past]

WE dodged the bullet here but our liberty won't be safe until we take the gun away from the Court.

Exactly. It is probably true that they should have thrown this one out on technicalities, but it is frustrating that the issue just remains for another day. I think they did this not becuase it was the right thing to do (he did not even have custody of his daughter), but because they were gutless.

[Libertina]

Don't agree. This case should have been dismissed from the get go because Nudow said his daughter was being harmed, but the truth was that she is a Christian and didn't want the suit brought i her name. (Nor did the mother.) It is proper for the court to slap him down and say NO STANDING. In fact, it's what the 9th Circuit should have done.

Now that the procedural housekeeping chores are finished, the SC justices are free to rule (if the suit is brought up again) on the "real" issue. However, given Sandra Day O'conner's increasing liberality - I wouldn't push for it. I'd prefer waiting until we get some new judges in first.