Wednesday, April 30, 2003
reading the government's petition for cert in the Pledge of Allegiance case. This part is especially good.
Whatever else the Establishment Clause may prohibit, this Court's precedents make clear that it does not forbid the government from officially acknowledging the religious heritage, foundation, and character of this Nation. That is what the reference to God in the Pledge of Allegiance does. The Pledge is therefore constitutional, as the Seventh Circuit held when confronted with the same Establishment Clause challenge. Because the court of appeals' error is so manifestly contrary to precedent, the Court may wish to consider summary reversal of the decision below.
As you can see from the prominent legal blog How Appealing, this call for a summary reversal is indeed a strong claim.
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