Federal Court Declares Pledge Unconstitutional

 

In an important development that underscores why we need the right kind of Justices on the Supreme Court, a federal district court in California declared the phrase under God in the Pledge of Allegiance unconstitutional.  The case was brought by Michael Newdow, who had a similar case at the Supreme Court two years ago.

 

This decision is legally flawed, and were hopeful that the decision ultimately will be overturned.  This is yet another example of a federal district court exhibiting hostility toward a time-honored tradition which has been defended by numerous Justices, including Justice OConnor, who said that eliminating such references would sever ties to a history that sustains this nation even today. This decision underscores the importance of the federal judiciary and who serves on the Supreme Court of the United States.  The Pledge clearly acknowledges the fact that our freedoms in this country come from God, not government; and were hopeful this flawed decision will ultimately be rejected.

 

In dismissing the suit in 2004, the high court rejected a decision by the U.S. Court of Appeals for the Ninth Circuit declaring the phrase under God in the Pledge unconstitutional.  In addressing the constitutionality of the Pledge, Justice OConnor concluded: It is unsurprising that a Nation founded by religious refugees and dedicated to religious freedom should find references to divinity in its symbols, songs, mottoes, and oaths.  Eradicating such references would sever ties to a history that sustains this Nation even today.