Pledge of Allegiance Goes to Court of Appeals

 

Over the last few days, weve had the opportunity to review the U.S. District Court judges opinion in the Pledge of Allegiance case.   As I reported on Fridays radio program, Attorney General Alberto Gonzales has said that he will be filing briefs in the appeal of Michael Newdows case involving the Pledge.  The case now goes to the U.S. Court of Appeals for the Ninth Circuit.  The American Center for Law and Justice will also be filing a brief in the case on behalf of our members and members of the House and Senate.  I am concerned that the Court of Appeals may follow its previous decision and declare the Pledge unconstitutional. 

 

In considering the merits of the church-state separation claim, the U.S. District Court stated that it was bound by the Ninth Circuits previous determination that the school districts policy with regard to the Pledge is an unconstitutional violation of the childrens right to be free from a coercive requirement to affirm God.  The District Court also stated that because this Court is bound by the Ninth Circuits holding . . . it follows that the school districts policy violates the Establishment Clause. 

 

We are putting together a committee to protect the Pledge.  My concern at this point is that the Ninth Circuit Court of Appeals will, once again, declare the Pledge unconstitutional, which will mean that this case is headed for the Supreme Court of the United States.  This underscores the importance of who the Justices are actually sitting on the Court at the time the case is heard.  It appears that John Roberts will be confirmed as the 17^th Chief Justice of the United States.  By the time this case reaches the Court, the replacement for Justice OConnor will be confirmed as well.  It is critical that these Justices rule in our favor and allow the Pledge of Allegiance to take place.  Our Office of Governmental Affairs in Washington is working on the issue of judicial confirmations, and it is our view that the President will appoint conservative nominees who will not view the Pledge of Allegiance as unconstitutional. 

 

I want to encourage you to click here and sign on to become a member of our Committee to Protect the Pledge of Allegiance.  We want your voice heard at the Court of Appeals when this case is presented in the months ahead.  Make no mistake about it-- the case is destined for Supreme Court review.  There is a lot riding on this case!  Click here to view our comprehensive memorandum of the Courts opinion in our ACLJ Spotlight section.