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SCOTUS Pledge of Allegance Case (merged)

You say that the phrase is harmless. Is it less harmful to leave it in, or to remove it? Seems to me that if it is removed, no one is harmed.

Zorn are you saying it some how hurts the "liberal movement" to oppose things one feels are not right? Sometimes you must fight for what you feel is right, even if it pisses people off.
 
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^^^ That's what I'm saying; we should fight for the things we believe are right that are also *important*. Things like getting rid of stupid "abstinence-only" policies that result in more kids getting pregants or STDS, passing laws allowing gay marriage or civil unions so gay couples have the same rights as straight ones, keeping religion out of science classrooms and evolution in them.

Those things really matter. They make a big difference in peoples' lives. They're worth fighting for. A few words in the pledge either way, or some stupid monument with the commandments on it, just aren't a big deal. Fighting trivial stuff like that doesn't much help anybody; what it does do is make a lot of religious people pissed and determined to fight tooth and nail to keep the "anti-religious Democrats" or "atheistic liberals" from gaining power and messing up the country.

Look at SoHi for example... he says he doesn't vote Republican because he likes their policies better, but because he thinks they're more trustworthy, moral people than Democrats are. Why do you think that is? -- think this kind of stuff might have something to do with it? He'd vote for Lieberman over Bush given the choice, remember... and I guarantee you a President Lieberman would fight for the right side on issues like civil unions and abstinence-only education, while Bush fights for the wrong one.

---

edit: here's an article talking about basically the same thing... http://www.latimes.com/news/opinion...p14,1,1807784.story?coll=la-sunday-commentary
 
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zorn said:
MA, I'm not sure whether you disagree that 1) having "under God" in the pledge, though wrong, is relatively innocuous;

Innocuous to whom? If Newdow says it's not innocuous to him, who are you to question him?

zorn said:
2) fighting to have the words removed is going to hurt liberal principles, and/or

I have no idea whether it will hurt liberal principles. I think that depends mostly on what the Court does with it, not on what the general public thinks. It's the Court who decides what the long run impact will be; that will depend in turn on how they right the decision. It could be based purely on standing, or it could be very narrowly written, and it could go either way. So who knows whether it will hurt liberal principles in that regard.

As for the public, my guess is that most people who react negatively will be outraged for a few weeks and forget about it, just like they did when the lower court's opinion came down.


zorn said:
3) decisions on which issues to fight on should take into account such utilitarian concerns.

Again, I post to you the questions above. First, whose utility are we talking about? Just Newdow's, or all of ours? And how are we measuring utility?

zorn said:
My second major point was that a lot of the negative reaction is due to the degree of invective and apparent outrage shown by some people when these issues come up. IMO some of that stems from an irrational hatred of religion. A lot more is just like carrying a chip on one's shoulder; many people seem to be just aching to get into a fight to show they can change the pledge if they want, and the religious people just have to take it.

Maybe there are some people like that. As for Newdow, I don't know. A group I belong to at law school might have him come talk, in which case I'll have more of a sense for it.

But there are also plenty of people who have a rational basis for the decision; certainly the judges on the Ninth Circuit panel weren't too far off. Hell, I think they were just applying the legal doctrine that's already been laid out by the Supreme Court, for the most part.


zorn said:
Obviously that's all just my personal impression; I can't argue for it, but I think it's something worth considering. Thought I did.

I understand.

zorn said:
First, though, I want to emphasize my main argument is that having "under God" as part of the Pledge is largely harmless.

And I would emphasize my argument that whether it is harmless depends on the individual. You may find it harmless, but you cannot project that onto others. It doesn't look like Newdow finds it harmless.

zorn said:
All such "arguments by word substitution" require us to believe that the subsituted statement is analagous to the original. ie, that the relevant characteristics of the situation are unchanged by the subsitution.

I'm not sure what you mean by "the relevant characteristics of the situation". I thought the whole point of an analogy was that at least one relevant characteristic was different.

zorn said:
In this particular case, there is the implicit argument "if it is unreasonable to be offended by a pledge containing 'under God,' then it is also unreasonable to be offended by a pledge containing 'under Satan.'" With me so far?

Well I think you have that backwards (my argument is that if it is reasonable to be offended by "under Satan", then it is reasonable but offended by "under God".)

But OK, I'm more or less with you here.


zorn said:
Now, I don't buy this here. I think the relevant conditions are as I mentioned: long standing, roots in historical tradition -- think Declaration of Independence, national anthem, etc -- and so on.

OK, now you're hand-waving; instead, explain to me exactly why those conditions make it "reasonable" to be offended by "under Satan", but not by "under God".

The leg of the argument you've stopped short of making here is the one I've already said was unjustified: That those things justify God instead of Satan because those conditions are the "status quo", historically. That's a poor justification without more, as there are many wrongs that existed as the status quo historically, e.g. the racial inequities I mentioned


zorn said:
I submit that a much closer analogy would be if there were an established a Pledge containing "under the spirits of our ancestors" stemming from different traditional beliefs. That clearly is from a different religious paradigm; yet seems no more offensive to me, nor, I would think, to most people.

Come on... I can think of about twenty different religious factions that would raise kane over that. Hell, many fundamentalist Christians probably consider spirits (sounds a lot like "ghosts") to be supernatural and hence satanic.

You have absolutely got to drop your implicit assumption that things that aren't offensive to you aren't (or shouldn't) be offensive to others.


zorn said:
This then implies that it's not my religious paradigm per se -- which in any case includes a lot of the Moslem "paradigm" -- but some other difference.

Just because it's not associated with the paradigm of some organized religion doesn't mean it's one-size-fits-all. Most atheists and empiricists probably don't think there is any such thing as a spirit. I don't know if they'd find it offensive to swear allegiance to spirits, but I wouldn't blame them if they did...

zorn said:
That word subsitution is quite often cover for a bad analogy is an empirical judgment; it's something I've personally noticed. The link was just for amusement value. Well, no. The tradition of racial intolerance is actively harmful in a way that the tradition of 'ceremonial deism' is not.

Word substitution may not make a good argument in all cases, but in this case, I think it's quite revealing. Certainly the Ninth Circuit thought so, and they aren't idiots when it comes to putting forth arguments you know...

In any case, I don't know how you can say something isn't harmful just because you don't feel harmed by it.
 
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Zorn:

I am amazed you cannot see the slippery slope issue here. I mean, people are defending "under God" in the pledge by pointing to the pharse "In God We Trust" on money, or by asserting that the founding fathers intended this nation to be Christian and only meant, by the establishment clause, that the nation's secular laws should tolerate alternative views, for which again they point to money or to prayers before legislative sessions, to having the President sworn in on a Bible, etc.

See, each place where we allow the government to take a religious position is as insignificant, standing alone, as a nail in a house. But each such nail then can be used by religoius zealouts to justify FURTHER intertwining of religion and government. So, if the phrase "under God" is allowed, you can bet your ass there will be religious people trying to have the government take an even larger role in promoting religion. And they will justify it by saying, "Look, the establishment clause does not mean the goverment can't favor Christianity. I mean, look at our money, look at our Pledge of Allegiance -- clearly we are a nation with a historical tie to God."

See, the nails do not just sit there. It is not like you can put the religion/government interrelationship in a stasis chamber so it will stay EXACTLY where it is, with a little overlap but not enough to worry you. Rather, it is necessarily an evolving relationship. Are we going to evolve to tie government and religion closer or further apart?

As I see it, the ACLU should try (and probably is trying) to remove all of the nails, no matter how small, so that the arguments of those who would bind religion and government closer together are as undercut as possible and our separation of church and state is thereby made safer.

And, as I said before, it would create real -- and possibly significant -- issues between a child who hears that God exists from the Pledge at school, but hears that God does not exist from her parents, or hears that there are many gods, or that humans are overseen by a goddess. I mean, just the fact that a handful of Americans could have to deal with a "why does the government say there is a god, when you say something different" discussion is so fucking abhorrent and contrary to the idea of the establishment clause, I cannot see how you view it as such a trivial matter. Perhaps you have no children in school? Or perhaps you are monotheist? Regardless, you should be able to imagine the scene of a non-monotheist parent with a child who goes to school and hears the Pledge.

Hell, what about the OSTRISISM of not saying the pledge if the rest of the class does? How do you think this girl is treated if she is the only one not saying the pledge? You think a bunch of 3rd graders would not pick up on this and find some way to tease her for it? So now this "trivial" issue is the source of a third grade girl being socially ostracized and teased by her classmates. Oh, maybe not all kids who stay silent would face this sort of ostracism, but some might and that is enough, for me, to be appalled that you would call this trivial or insignificant.

Or do you suggest the kids just "play along" and say the pledge to fit in? Is that the kind of people we want to raise? Who lie and pretend so that they will be liked? People who pledge monotheism out of FEAR OF OSTRACISM?!!! Jesus Christ, I don't know if you are just insensitive, incapable of imagining or empathizing with people in OTHER situations to whom this issue could have significant, immediate affects on their daily life, or whether you just have not thought it through like this.

I mean, fuck, I always pictured you as smart enough to recognize and catch and thereby avoid the flawed reasoning of, "Oh, this has no effect on me, so it must not have any effect on anyone else, either." So many times well-meaning people fuck up and oppress others because they are so caught in the grip of their OWN circumstances, that they fail to see how something insignificant to them could be significant to people in different circumstances.

Anyway, the bottom line is that if I can come up with a plausible scenario in which this "insignificant" reference to God in the Pledge could lead to a child being socially cut off from his or her peers, or perhaps even being physically picked on or hit, or might lead to some division or resentment between a child and his or her parents, that is enough. Even if that has not happened yet, the fact that it is a plausible possibility of what could happen should be enough.

Oh, and I have no children, so this Pledge in no way directly affects me, but I still find it important because I can imagine and empathize with people who may be directly affected by it AND because I can recognize the slippery slope in which each "insignificant" tie between government and the Bible that we allow to exist makes it incrementally more likely that another such tie can come into existence, and so on and so on until their are so many "insignificant" ties that, between them all, they pave the way for a significant tie. And then another and then another. Until there are enough significant ties for an overt and overwhelming tie. And soon you have a constitutional amendment to repeal the establishment clause. Unlikely? Perhaps. Certainly it is MORE likely if everyone who recognizes an inappropriate, but seemingly insignificant, tie between the government and the Bible decides it is not worth making any fuss about.

~psychoblast~
 
Pfft... Slippery slope defences involve by definition, potentialities rather than actualities. They have little merit to the issue (or lack therof) at hand, particulary when we have so many heinous pressing ACTUAL problems to deal with. A couple of words in a pledge may hypothetically get a kid picked on, and resent their parents maybe in the future?

Rediculous reasoning! It goes to the heart of why this kind of debate is so unproductive :|
 
I *hate* the slippery slope argument. It's just a fear tactic designed to hype people up when it doesn't really make an argument at all.

The point is- who cares?? Sure, I'd support taking it out, yes it can be argued that it's unconstitutional- but so what? Aren't there more important matters to deal with and fight over rather than TWO WORDS whose presence or absence affects NO ONE in actuality?

I laugh at people who are so offended at even the mention of taking it out...and I laugh just as hard at those who are so offended that it's there to begin with. Both sides are equally insecure, it seems.
 
*SWeeT-e* said:
Aren't there more important matters to deal with and fight over rather than TWO WORDS whose presence or absence affects NO ONE in actuality?

I don't know on what basis you conclude that the presence of two words "affects no in actuality". I'm not sure I even know what that means.

I could think of plenty of phrases that might fit this description, that are nonetheless highly objectionable. If the phrase was "under a White God", would you still laugh about it?
 
I meant it affects no one. It is symbolic and that is all. Not too difficult to understand.

I attended my grandmother's funeral today, it was a Catholic mass, and I repeated the Lord's prayer along with everyone else. I wasn't compelled to do so, nor did it have any effect on my personal beliefs. I even got up in front of the church and read Scripture at my late grandmother's request and it didn't convert me or offend me at all. I respect the fact that alot of people are religious and I don't see a real good reason to intentionally try and piss them off, when there are far more real battles to be fought.

I simply detest PC-police crusades and that is all. I refuse to waste my time and energy arguing either for them or against them. People that bother to bring lawsuits like this forward have too much time on their hands and too much money to waste.
 
*SWeeT-e* said:
I meant it affects no one. It is symbolic and that is all. Not too difficult to understand.

Well apparently, it is difficult, or else you'd be able to explain it more logically. I don't understand why you so immediately make the same move that Zorn did -- the logic that because you don't feel "affected", it is ridiculous for anyone else to.

I ask you again: Would you object to "under a White God"? If so, what's the difference, exactly?

Suppose I say, "well I pledge allegiance to the White God everyday, and it doesn't bother me. Nobody is actually 'affected' by the phrase, so what could anyone possibly have to complain about?"

Is that a convincing argument in that hypo? Why not?
 
-Thoth & SweetE:

You are absolutely wrong in your contempt for slippery slope arguments. And Thoth, you seem to miss the distinction between my slippery slope argument (that allowing the Pledge to refer to god could, eventually, lead to eggregious mixing of church & state) with my "possible significant harm to particular individuals" argument (that some kids may be picked on, some family problems created, by allowing the Pledge to refer to god). The latter is NOT a slippery slope argument.

Anyway, ignoring the slippery slope argument, you are completely wrong to write off arguments of significant harm to a few particular individuals, merely because such harm is a mere potentiality or possibility. I mean, it is enough that negative effects that would be significant to particular individuals ARE possible from keeping the pledge as is.

Here is a great way to illustrate it: Ask yourself, "Would keeping "under god" in the Pledge, while allowing kids to remain silent if they do not believe in the Biblical God referred to, create a risk that some kids may be ostrasized or picked on by their classmates due to their silence?" If the answer is yes, then that is enough. What, you want to wait until some kids actually ARE so ostrasized before changing the pledge? Or is that still not enough for you? Is the number of kids who ACTUALLY have had this happen matter? What is your magic number? Five? Fifty? Five thousand? Once five thousand kids experience negative action from peers for their silence, then you agree it should be changed? Come on, this perfectly illustrates why the fact that this is a reasonable (I mean, no one contends that this illustration is unbelievable or farfetched, or suggests kids would not ostrasize a classmate for refusing the say the pledge with them) possibility should be enough to require action.

I mean, you can make this a bright line test for any church/state interaction. Ask, "Is the government's conduct endorsing a religious view create a reasonable possibility that people who refuse to go along with that endorsement will be negatively treated by their peers?" Whenever the answer is yes, you stop the government from doing that. Whenever the answer is no (perhaps because there is no reasonable scenario you can think of where the government's action would lead to such negative treatment), only THEN do you say "leave it alone, it is insigificant." I mean, why not make that the threshold for changing stuff?

I mean, my slippery slope argument suggests you should go further and even eradicate what would be insigificant government endorsements of religion under this test, but how can you argue that we should have a test which allows government endorsement of religion even if it would create a reasonable possibility of negative treatment of people refusing the join in that endorsement?

Oh, and just because I refer to the kid being picked on as a "possibility" does not mean that it has not happened. I merely acknowledge that I know of no kids picked on for not saying the pledge with their classmates. For all I know, this already has led to negative treatment of kids. One of the difficulties is there is no measure for how often this happens EXCEPT when a parent goes public, such as with this lawsuit. Thousands of kids and/or their parents could have kept silent about these sorts of problems in the past. Which again is why it is ludicrous to demand that we have a certain number of documented negative incidents before we act.

I mean, you weigh this possibilty against the harm of changing it (which is, in fact, no harm, since what possible harm is there in not having the words "under God" in the Pledge?") and the appropriateness of chaning the pledge is obvious.

Oh, and by the way, the reason slippery slope arguments are often not worthwhile is because the slippery slopes that are proposed by the person making the argument do not reasonably follow. If they DO reasonably follow, then the slippery slope actually has merit. You should distinguish between rejecting a type of reasoning and particular erroneous attempts to apply that type of reasoning. I mean, your position implicity assumes that a slippery slope argument is NEVER worthwhile or valid. So, basically, all I would have to do is find one single example anywhere of when a slippery slope argument would be valid, and that destroys your position. You should be able to think of one yourself, so I won't bother.

~psychoblast~
 
OperatesHeavyMachinery said:
On the flag-burning issue, I find it repugnant and I'm very against it on a personal level, but don't want a government so prying they will stop it.

that is really interesting. you said: "Frankly, I could care less if there's a deity in a pledge."

why do you put so much stock in the flag as a symbol but so little in certain words?

alasdair
 
Update on this case:

I now know a lot more about this case than I did before, following my seminar on it (taught by the former dean of our law school, who is a national expert on the Establishment Clause and who has been appearing on CNN recently to talk about the case).

There is a very complicated technical question of "standing" that has arisen in this case. Under Art. III, the Court does not have jurisdiction over a matter unless it is a "case or controversy" within the meaning of the Constitution. That has come to be construed by the Court as meaning that a party must suffer an injury, to oversimplify it greatly. If so, the party is said to have "standing" to bring the suit.

That means that not just anybody could have filed this lawsuit successfully. For example, if I had filed it, it would have been dismissed quickly because I don't have any kids in the public school system who are being subjected to the pledge. In short, I haven't suffered any injury.

The problem with Newdow's case is that after he had filed the lawsuit, he lost custody of the child. He and the mother were never married, and when he had filed the suit, they had an informal custody arrangement. But after appeal was taken, the mother then gained sole legal custody of the child.

The conventional thinking was that the Supreme Court would use this fact the deny the father standing. That would have allowed them to vacate the Ninth Circuit's opinion (satisfying the political outcry, for the most part) without having to reach the question of whether the school district's policy violates the Constitution. That would have been a very satisfactory result for the Court, because I think on balance the Ninth Circuit's legal reasoning is correct on the issue of constitutional violation, and the Court probably would have had to stretch the law too far to overturn it.

HOWEVER -- It appears that Newdow may have recently gained partial custody over the child:

http://biz.yahoo.com/law/030918/7c1f929f79bfb20654dc465308ea849c_1.html

This means that it's going to be a lot harder for the Court to get rid of the case on the standing issue, and they may have to go on and decide the case on the merits.

That's probably not what they wanted to do when they took the case!

But if they do reach the merits, I think there is a good chance they will reverse the Ninth Circuit. Certainly, Thomas and Rehnquist are very likely to reverse, and I think the same is probably true of O'Connor. Stevens is likely to affirm. Scalia has recused (although he could still get involved, technically). That leaves Kennedy, Breyer, Ginsburg and Souter. My guess is that Breyer will vote to reverse too. The question is who the fifth vote would come from. (If there's a 4-4 tie, the Ninth Circuit's ruling would stand; and if Scalia stays out of the case, it is less clear that the Court has five votes to reverse.)

It's a downright fascinating case, from a legal standpoint.

The wildcard in all this is simply that the Ninth Circuit's opinion flies in the face of so many peoples' desires. Only a small minority of parents object so passionately to their children being subjected to the pledge. And yet Newdow has a very good constitutional claim! Will the Court decide that his decidely minority-held right is important enough to issue a very unpopular ruling? I doubt it.

I think the Court is still going to try very hard to get out of this case on a technical standing issue. They may well vacate the Ninth Circuit opinion's ruling and remand for certification on the state law questions dealing with custody, regardless of what's happened with Newdow's recent state court custody determination.
 
I was realizing why this stuff bothers me so much, which watching Monday Night Football.

See, I view existence as analogous to a competition, with each species being a "team." Some "teams" -- like the dinosaurs -- can't hang and get eliminated. So far, the human "team" is doing very well, at least in some ways.

But we are so far and away the best "team" (as we perceive it) that we have stopped even thinking of ourselves as a team, and instead we have broken ourselves down into sub-groups that we view as "teams." Nations, religions, political parties. And we are all fighting with each other.

But still, from the pespective of the universe as a whole, we remain one team. And we all know, from sports, that a team that is internally fighting itself will perform worse. We may be able to get away with it now, because we have no opposing teams that are strong enough to eliminate us. But that may not always be the case. I'd like people to get back to viewing the human race as their "team." To stop the intra-team fighting and divisiveness.

You know, religions aren't inherently opposed to the universal team idea. But they stand in the way of such a universal team because, as long as they exist and are viewed as so important by people in defining their sense of belonging, then the only way to have a universal team is for everyone to join the same religion. Even when not fighting holy wars, our various religions are still in ACTIVE competition for each other. Fighting for numbers, fighting to be the last man standing. This fighting necessarily causes tension between us, within our cultures.

Anyway, once it becomes obvious that there will never BE a last man standing -- I mean, you could convert the whole world and kill all nonbelievers, and ten years later some of the chlidren will be saying, "How do I know this God really exists?" See, you can NEVER have a one-world, universal religion, no matter how many people you convert or kill. Yet this is the inherent quest of all religions, this hopeless, divisive quest that -- every so often -- spills out into a full-fledged war.

So, anyway, I see a real benefit to humanity, to peace on earth, to the fellowship of man, to have NO religion. To have people realize it was a security blanket that has now become moldy and rotten. It kept us warm once But we have outgrown it. We could still use it to cover our feet, but then we risk infection and lice because the blanket is so dirty.

And so I am passionate about getting people to DISbelieve. Because it seems to me that while it is very improbable to have a world where everyone agrees to have no religion, ten years later what if a child finds a copy of the Bible and starts reading it and believes in it despite what his parents say? Aren't I facing the same predicament as religions? Hmmm...tricky, but I think that doubt of religoius, if not complete and unwaivering disbelief, is something that could be universally accepted more easily as a universal perspective than any religious doctrine.

~psychoblast~
 
^^^
I have no opinion, This sentence is false etc... Having a passionate belief in getting people to disbelieve is inviting a self defeating paradox. Besides, what are you going to replace humanities varied beliefs with? Nihlism? The glory of inductive logic? Test Cricket?

Besides, you make the claim that the inherent quest of all religions is that they become 'one-world, universal.' On the face of it, that is flat out false. Your solution however, must be inherently total for it to succeed. Tell me, what is the difference.. A world united under religion X, or united under no religion at all?
 
^
that's the problem.. the pledge states we're united under god, and we're not. Whether it be different gods, or no god at all, there's more basic qualities to being united rather than skin color, religion, etc.. how about nationalism..since this is what the topic is about.. or even commoness within humanity? Why does religion have to be an issue.. let the private matter be private.
 
psychoblast said:
...the only way to have a universal team is for everyone to join the same religion.

How is it, then, that so many teams work well with members from different religions? Whether it be sports, corporations, whatever -- I know plenty of teams that operate just fine without requiring all members to be of one religion.

Your goal of getting everybody to abandon religion is simply ludicrous, and probably quite harmful. You'd have a much better chance of simply getting people to accept others' different beliefs.
 
the only way to have a universal team is for everyone to join the same religion.

for once.. i disagree with you..
 
...because I think on balance the Ninth Circuit's legal reasoning is correct on the issue of constitutional violation, and the Court probably would have had to stretch the law too far to overturn it.
Hmm... as I'm sure you already know, Mahan, but other may not, there's at least some legal precedent for upholding the current Pledge. Either on the grounds that 1) it's an acceptable acknowledgement of the religious heritage of the country, or 2) its long use and vague character make it merely a ceremonial phrase, not a true religious endorsement.

eg, O'Conner wrote in a 1984 Supreme Court decision (Lynch, 465 U.S. 668)
These features combine to make the government's display of the creche in this particular physical setting no more an endorsement of religion than such governmental "acknowledgements" of religion as legislative prayers of the type approved in Marsh v. Chambers, government declaration of Thanksgiving as a public holiday, printing of "In God We Trust" on coins, and opening court sessions with "God save the United States and this honorable court." Those government acknowledgments of religion serve, in the only ways reasonably possible in our culture, the legitimate secular purposes of solemnizing public occasions, expressing confidence in the future, and encouraging the recognition of what is worthy of appreciation in society. For that reason, and because of their history and ubiquity, those practices are not understood as conveying government approval of particular religious beliefs.
Even in the dissent to this, Brennan wrote
While I remain uncertain about these questions, I would suggest that such practices as the designation of "In God We Trust" as our national motto, or the references to God contained in the Pledge of Allegiance to the flag can best be understood, in Dean Rostow's apt phrase, as a form a "ceremonial deism," protected from Establishment Clause scrutiny chiefly because they have lost through rote repetition any significant religious content.

Moreover, these references are uniquely suited to serve such wholly secular purposes as solemnizing public occasions, or inspiring commitment to meet some national challenge in a manner that simply could not be fully served in our culture if government were limited to purely nonreligious phrases.
And the 9th Circuit earlier held (Aronow v. United States, 432 F.2d 242 (1970))
It is quite obvious that the national motto and the slogan on coinage and currency 'In God We Trust' has nothing whatsoever to do with the establishment of religion. Its use is of patriotic or ceremonial character and bears no true resemblance to a governmental sponsorship of a religious exercise.


You undoubtedly know far more than I about the legal merits of the case. And I'd agree anyways; I just read the Ninth's decision and found it pretty well-argued, whereas the dissent was weak. But don't you think this gives them plenty of cover enough to issue a ruling upholding "under God" as part of the Pledge, if they don't want to be unpopular? If no, why not?
 
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