A federal district court judge in Sacramento has ruled that it is unconstitutional for a public school to have students recite the Pledge of Allegiance. The judge adhered to the ruling of his appeals court, the Ninth Circuit, in the Newdow case. The Supreme Court declined to decide whether the Ninth Circuit’s ruling is correct, finding that Mr. Newdow lacked standing to bring the suit.
Hugh Hewitt thinks that this ruling provides a great springboard for nominating Michael McConnell to the Supreme Court. McConnell is a leading expert on the religion clauses of the First Amendment to the Constitution. McConnell may also be the conservative short-lister most likely to deliver a Roberts-quality performance before the Senate Judiciary Committee.
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