New Pledge of Allegiance Case, and precential effect of Ninth Cir cuit's earlier Newdow decision

[Scarberry, Mark]

AP is reporting (as a senator noted in the Roberts hearing) that a federal
district judge in San Francisco has ruled that the recital of the Pledge of
Allegiance in public schools violates the Establishment Clause. See
http://www.nytimes.com/aponline/national/AP-Pledge-of-Allegiance.html
<http://www.nytimes.com/aponline/national/AP-Pledge-of-Allegiance.html> .
The AP story says the district judge said that the Ninth Circuit's Newdow
decision was binding precedent. I thought that the Supreme Court's reversal
of the Ninth Circuit's decision, on standing grounds, would have eliminated
the precedential effect of the Ninth Circuit decision. Perhaps the AP story
is incorrect on this point, or perhaps I'm missing something.

 

Mark S. Scarberry

Pepperdine University School of Law

 

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