Supreme Court Reverses 9th Circuit in Pledge Case

NatronLaw - Nathan Paul Mehrens, Esq.: "Supreme Court Reverses 9th Circuit in Pledge Case

"Some good news this morning from the Supreme Court:

'Held: Because California law deprives Newdow of the right to sue as
next friend, he lacks prudential standing to challenge the school district's policy in federal court. The standing requirement derives from the constitutional and prudential limits to the powers of an unelected, unrepresentative judiciary.'

'Newdow's standing derives entirely from his relationship with
his daughter, but he lacks the right to litigate as her next friend.
Their interests are not parallel and, indeed, are potentially in conflict.'

Basically what this means is that the case is reversed meaning that the 9th Circuit decision that the Pledge violates the Establishment Clause is overturned - and the phrase 'Under God' can still be recited in public schools as part of the Pledge. Look for another lawsuit immediately, this time with a plaintiff who actually has the necessary standing. Give three years for the case to work it's way back up and the Supreme Court will have to decide the issue for real.

This was an 8 to 0 decision with Scalia taking no part in the case. This makes 14 of 17 reversals of the 9th Circuit this term. "