WASHINGTON — Antonin Scalia will just be a spectator when the Supreme Court tackles the emotional Pledge of Allegiance case next year, sidelined apparently by one man's questions about the justice's impartiality.
The court, minus Scalia, said Tuesday it will decide if the regular morning classroom salute to the American flag is unconstitutional because of the reference to God.
Scalia did not explain why he will not take part in the most watched case of the term.
The announcement surprised court watchers and even Michael Newdow, the California parent and atheist who wants the words "under God" removed from the pledge. He sued on behalf of his 9-year-old daughter and won.
Newdow asked Scalia to stay out of the case at the high court because of comments the conservative justice made during a speech at a religious event. Scalia criticized the appeals court ruling in Newdow's favor.
…
The remaining eight justices could deadlock 4-4. That would affirm the 9th U.S. Circuit Court of Appeal's ban on the religious reference, which would apply to 9.6 million schoolchildren in the nine states the court oversees: California, Oregon, Nevada, Montana, Washington, Idaho, Arizona, Hawaii and Alaska, plus Guam.
"It makes our case more difficult," said Jay Sekulow, chief counsel of the American Center for Law and Justice, which is supporting the school district in the appeal. "We've got to find that fifth vote, and that fifth vote is not going to be Justice Scalia."
…
The case is Elk Grove Unified School District v. Newdow, 02-1624.
http://www.foxnews.com/story/0,2933,100104,00.html
Printer-friendly format
Email this thread to a friend
Bookmark this thread
(1000+ posts)
Send PM |
Profile |
Ignore
