One thing about the 9th Circuit, you can’t accuse them of playing to the gallery. It would be hard to think of a worse time (not that there would ever be a good time) to declare the Pledge unconstitutional. Fourth of July next week, September 11 fresh in our memories, etc. Even Tom Daschle felt obliged to denounce the decision. It will undoubtedly be reversed, either by the Circuit en banc or by the Supreme Court, but I think it will have significant repercussions. For one thing, how can the Democrats continue to feign grave concern when they talk about Republican judicial nominees being “out of the mainstream”? That particular strategy would appear to be history. Emails to Patrick Leahy and Daschle wouldn’t hurt.
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