9TH CIRCUIT COURT: PLEDGE OF ALLEGIANCE IS UNCONSTITUTIONAL

Fox News ^

[Recovering_Democrat]

UNBELIEVABLE. BREAKING ON FOX: SF APPEALS COURT SAYS PLEDGE OF ALLEGIANCE ENDORSES RELIGION, AND IS THEREBY UNCONSTITUTIONAL.

[phasma proeliator]

"The rule of law must be respected."

Like HELL it does.

[FreeTally]

Jeez, these stupid wrong and misleading headlines make me so mad. The court ruled that the ADDING OF THE WORDS "One nation, under God" is unconstitutional, not that the pledge itself was. The stupid press can not even get it right(probably on purpose, though).

The lower court dismissed the case, and now it has been reinstated with the ruling that those words are "unconstitutional". How this plays out is still up in the air.

In addition, this doesn't mean schools across the country who have students recite the pledge will stop. I bet very few do, anyway, but the ones that do will not stop. This is unenforceable without troops at the doors.

Freepers need to chill out, read the ruling, and just wait for the lower court to take this up.

[Constitution Day]

That is all that need be said. I have noticed that many atheists are not content simply being an atheist, they have the need to pee in the punchbowl to feel validated.

Feelings of inferiority, perhaps.

[gdani]

What is next, overturning the slogan on our money

I am not a lawyer, but wouldn't/couldn't this "ruling" be used as precedent to do precisely that

If memory serves me correctly, "In God We Trust" on our currency actually has been litigated in the past (I think at least 3 times). The fact that it still remains will give you an idea of the outcome of those challenges.

It has never been ruled on by the Supreme Court

[scalia_#1]

I thought about that, but I've found that the Ninth Circuit doesn't often temper its opinions en banc. They may rework the reasoning, however. If they do reverse en banc, I agree with you that the USSC will deny cert. If they affirm, even with modified reasoning, 4 Justices will grant cert. and will probably even agree to hear arguments. Then, they will slap the Ninth Circuit, as usual.

[mattdono]

Can you please put a dunce cap on this a$$ clown?

In fact, I am going to have to take this opportunity to re-name the judge. His new name is officially

Alfred "A$$ CLOWN" Goodwin

[CecilRhodesGhost]

A Sacramento father who filed this suit didn't like the forced pledge. He is an American citizen who felt his rights were being infringed upon. He took his case to court. He followed the US judicial system. He won the case.

[truth_session]

"Although students cannot be forced to participate in recitation of the pledge..."

Yes but the students can be forced to go to school until age 16. The court is missing the point. It's the public schools themselves that are unconstituional, not free speech.

God help us.

[FreeTally]

So, the pledge was not declared unconstitutional (whatever that would mean), they simply struck the words "under god".

Yep, nothing like poorly written headlines to create hysteria at Free Republic.

[bluecollarman]

California should be Booted out of the Union. Just give it back to Mexico. It is too much trouble to maintain.

[mattdono]

Sorry...but you're an idiot...

Don't spew your crap just because you don't know how to recite the pledge in a rhythmic manner.

[PsyOp]

What a bunch of worthless dirtbags!

[kcvl]

Alfred T. Goodwin, '47, JD '51

By the time Ted Goodwin appeared on in the January 1969 issue of National Geographic as the cowboy who became a judge, he had already served as associate justice of the Oregon Supreme Court for nine years. The man who was pictured on horseback preparing to rope a calf for branding was soon to be appointed U. S. District Judge for the District of Oregon by Richard Nixon. Goodwin's appearance in the magazine marked the middle of a career that got its start at the University of Oregon and the School of Journalism.

While Goodwin earned his degree, he worked as a reporter at the Register-Guard. While in law school, he was editor-in-chief of the Oregon Law Review. In 1955, he was appointed to the local circuit court. Then in 1960 Gov. Mark Hatfield appointed him to the Oregon Supreme Court, which was followed by Nixon's appointment to the US District Court in 1969. Goodwin joined the appellate court in 1971. In 1988, he became chief judge of the 9th U. S. Circuit Court of Appeals, which includes nine western states, Guam and the Northern Marianas.

While his appointment to the 9th U. S. Circuit Court of Appeals required his moving to California, Goodwin has never forgotten his Oregon roots. In 1989, holding the highest judicial appointment ever attained by a graduate from the UO School of Law, he returned to give the Law School commencement address. Goodwin served on the UO Foundation Board of Trustees from 1964 to 1970. In 1972 he received the UO Distinguished Service Award, and in 1990 he was named UO Distinguished Alumnus.

[FormerLurker]

The ruling affirms the idea that government can't place a manger scene in a courthouse lawn, and it shouldn't be able to force its citizens to pledge to a religious belief.

It does much more than that. If there isn't any notion that Rights are GOD GIVEN, then those Rights are GRANTED by the GOVERNMENT. You see, God can be Jesus, Allah, G-D, or anything you see fit to believe. But there is the concept that the GOD that does in reality exist has given us certain, UNALIENABLE RIGHTS.

If there is no GOD, then those Rights exist only by agreement, and can very easily be taken away.

You still haven't shown me where in the Constitution I'd find this "separation of church and state" clause.

[TomSmedley]

whatever happened to freedom of worship? I suppose you have such freedoms as long as you are not Christian.

The irony is, the pledge is a prayer written BY a Unitarian TO the unitarian savior, the imperial State that forcibly annexed the CSA. The original author was upset when the words "under God" were added by congress, since they were superfluous; his deity had already been named!

[Baseballguy]

Why does a witness have to place thier hand on the bible and repeat "I promise to tell the whole truth, so help me God!" I believe from this we can say any witness in any court is now a biget religious right wing fanatic. Please let this be overturned and bring this country back from the edge!

[gdani]

If they affirm, even with modified reasoning, 4 Justices will grant cert. and will probably even agree to hear arguments. Then, they will slap the Ninth Circuit, as usual.

Agreed.

[ken5050]

Just watch. Next, the 9th Circuit will declare the Constitution to be unconstitutional.

[Dimensio]

So because my opinions on the verbal flow of the pledge differ from yours I'm an idiot? I didn't know that intelligence could be determined by such criteria.