[vannrox]

The court is either CORRUPT or Incompetent.

Seriously, the court must be either CORRUPT or severely Incompetent. There are absolutely no other options possible. None. The reasoning behind this is crystal clear. Based upon what we know of their decision and the writings of the court, the Judges failed to properly investigate the primary issues involved. Not only that, but it appears that they failed to investigate ANY issues at all.

How can the court make a ruling (any ruling) involving a child without talking with the child?
Without talking to both parents?
Without talking to the School?
Without investigating the relationship of the parents?
Without noting the intent of the suite vrs what the stated intent was?

I'll tell you what, Judge Judy wouldn't conduct a proceeding like these nitwits! It is so mind blowing that the Judges failed to review this information that I can't help but come to the conclusion that they are either CORRUPT or Incompetent.

However, they could also be LAZY. Alternatively they could be drug addicts. Maybe they accepted bribes to rule on this case. That would make them felons. They could be Senile. They could be Communists. They could be doing any number of things...

But what they are not doing is being a JUDGE beyond reproach.

[AnAmericanMother]

Far be it from me to carry water for the hopelessly out of touch 9th Circus Court of Appeals . . . (not my tag - borrowed from Neal Boortz), but the lack of investigation is NOT their fault, in this instance.

As I understand it, the trial court dismissed this action on a FRCP 12 (b) (6) motion to dismiss for failure to state a claim. The legal standard for such a motion to dismiss is that the pleadings UNDER ANY STATE OF FACTS PROVED fail to state a claim for which ANY legal relief may be granted.

In other words, this lawsuit was at the initial stage, when no witnesses have been examined, no discovery has been conducted, and the only issue before the trial court was whether the complaint, under any POSSIBLE state of facts, stated a recognizable claim. So we can't fault the court for failing to investigate the facts. Not time for that yet.

But of course the Ninth Circuit, with its usual lack of common sense and decorum, went WAY beyond the ruling required on appeal of a motion to dismiss for failure to state a claim. The proper course would have been to reverse and remand without all the statements holding the Pledge unconstitutional. But naturally they never miss an opportunity to make themselves obnoxious to the rest of us.