Why? It was just an allusion, not recital of the law that he was basing his opinion upon.
Because it was dumb?
Maybe he should have based his answer on the latest children’s book? The last epside of “Bob the Builder” possibly.
“Using the pledge to answer a Constitutional question should get someone impeached.”
‘Why? It was just an allusion, not recital of the law that he was basing his opinion upon.’
I agree. My understanding of Scalia’s comment is that he was referring to the pledge as being the result of a settled question.