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February 13, 2012
Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away
Menachem Wecker: Business Schools Teach Real Estate Despite Troubled Housing Market
February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
March 25, 2004
/ 3 Nissan, 5764
The Pledge finally gets its day in (High) Court
By
William Neikirk
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http://www.jewishworldreview.com |
WASHINGTON — (KRT) A California atheist encountered skepticism from the Supreme Court on Wednesday when he made an impassioned argument that the words "under G-d" render the Pledge of Allegiance unconstitutional.
Michael Newdow, who challenged the pledge in a suit he filed on behalf of his daughter, engaged in an energetic give-and-take with the eight justices hearing the case, arguing that inclusion of "under G-d" in the pledge amounts to a government sponsorship of religion.
The high-profile case, an appeal of a 9th U.S. Circuit Court of Appeals decision striking down the pledge, proved to be as much of a spectacle outside the court as inside. On the steps of the court, religious groups held hands and sang "G-d Bless America" while atheist groups protested that the pledge violates their freedom.
Inside, several justices questioned whether the pledge has much religious significance or whether it is more of a civic, patriotic ritual.
Justice David Souter agreed with Newdow that the pledge appeared to be an affirmation of G-d, but he asked whether its regular recitation as part of a civic exercise "is so tepid, so diluted, so far from a compulsory prayer that it should in effect be beneath the constitutional radar."
Newdow, who held his own under constant questioning as he argued the case himself before the high court, took issue. "To say this is not religious is somewhat bizarre," he said. "When I see the flag and think of the Pledge of Allegiance, it's like I'm getting slapped in the face every time."
Justices also raised questions about whether Newdow had the legal standing to bring his case, since he has lost custody of his daughter to her mother, a born-again Christian who said she had no objection to the pledge. But he said that as a father, he still maintained a legal right to challenge his child's recitation of the pledge in the Sacramento-area Elk Grove school district. 
"I'm an atheist," he said. "I don't believe in G-d. My daughter is asked to stand up and say her father is wrong."
Theodore Olson, the U.S. solicitor general arguing the government's case, said Newdow "had no right to bring this case in his daughter's name" because a California domestic relations court had awarded the mother custody.
The girl's mother, Sandra Banning, was in the courtroom, but she and Newdow agreed that their daughter should not attend. Afterward, Banning told reporters the pledge "is an expression of our patriotic experience."
The court's decision, expected before it adjourns this summer, will be closely watched for its attitude on such religious expressions and for any political impact it could have in an election year. Or the court, instead of ruling on the merits of the pledge, could decide that Newdow has no standing to bring the case.
There were some mild fireworks during Wednesday's oral argument. After Newdow's criticism of the pledge, Chief Justice William Rehnquist asked Newdow how much support adding the words "under G-d" to the pledge had in Congress in 1954, when they were officially included.
When Newdow said the vote was unanimous, the chief justice responded, "That doesn't sound divisive." Newdow shot back with a quick rejoinder, "That's only because no atheist can get elected to public office," a remark that prompted laughter and applause from his supporters in the courtroom.
"The courtroom will be cleared if there is any more clapping," the chief justice said sternly.
Justices also peppered Newdow with questions about whether he had objections to "In G-d We Trust" on U.S. money, the singing of "G-d Bless America" in public schools and even the court's own opening invocation, "G-d save the United States and this honorable court."
Newdow, an emergency-room doctor with a law degree, generally said such expressions are not the same as the pledge, which he likened more to a school prayer. He said later that if "G-d Bless America" were to be sung every day as part of a requirement in school, he would object, but not if it were sung periodically.
Justice Sandra Day O'Connor, among other court members, said that Newdow's daughter, now 9 years old, "does have a right not to participate" in the pledge, though Newdow said the pledge nonetheless amounts to a form of indoctrination.
"The government is supposed to stay out of religion," he said.
No justice appeared to express much sympathy with Newdow's position. Justice Anton Scalia recused himself from the case after making a speech that appeared to side with supporters of the pledge.
Justice John Paul Stevens asked if the pledge had the same meaning today as it did when it was approved a half-century ago, when the United States was locked in a Cold War against what many Americans called "Godless" communism.
Olson said the pledge is as important today as it was during the 1950s, but as an expression of America's political heritage and history, not as a religious invocation.
Later, responding to the same question from Stevens, Newdow noted that President Bush opposed the 9th Circuit's decision when asked about it during a meeting with Russian President Vladimir Putin. "Clearly, it has enormous importance to Americans," he said.
But the school district's attorney, Terence Cassidy, said the district's policy is that the pledge is a secular, patriotic expression, not religious in nature. "It has to do with national unity and citizenship," he said.
Every weekday JewishWorldReview.com publishes what many in Washington
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William Neikirk is a reporter for the Chicago Tribune. Comment by clicking here.
© 2004 Chicago Tribune. Distributed by Knight Ridder/Tribune Information Services
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