The Supreme Court punted today – deciding that athiest Michael Newdow did not have the authority to sue on behalf of his daughter. Her mother opposes the lawsuit, and no doubt the little girl probably doesn’t want to be in the middle of this. Effectively, the Supreme Court reinstated the Pledge of Allegience’s “under God” phrase without actually ruling on the issue. The vote was 8-0.
The most encouraging part to me, though, was that Chief Justice Rehnquist wrote a separate opinion that a) agreed with the outcome and b) stated his opinion that the Pledge does *not* violate the Constitution. Justices O’Connor and Thomas agreed. That means any further attempt at a lawsuit on this issue is already down 0-3. If Scalia doesn’t recuse himself next time, that’s 0-4. A lawyer would have to unanimously win all 5 of the other Justices in order to strike out “under God,” a huge uphill battle.

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