(Edited to add blockquote. – promoted by SFBrianCL)
Kudos to U.S. District Court Judge Karlton, who today decided that the words “under God” in the pledge of allegiance is not constitutional. While his decision immediately affects only three school districts in Sacramento County, it means that the 9th Circuit, and likely the U.S. Supreme Court, will address the issue again soon. Unfortunatley, without O’Connor, God may prevail at the Supreme Court. But at least this time the Sups can’t punt – all three plaintiffs in this case unquestionably have standing.
From SFGate:
In deciding the current case, U.S. District Judge Lawrence Karlton in Sacramento said he was bound by the Court of Appeals’ previous decision.
Karlton said he would sign a restraining order prohibiting the recitation of the pledge at Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts, where the children of Newdow and his fellow plaintiffs are enrolled.
The order would not apply to other California districts unless it was affirmed by a higher court.
Referring to the previous decision in the court of appeals, Karlton wrote, “I conclude that binding precedent requires a narrow resolution of the motions, one which will satisfy no one involved in the debate, but which accords with my duty as a judge of a subordinate court.”