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Breaking: Judge Rules Pledge Of Allegiance Unconstitutional

 
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Rdtf
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Joined: 13 May 2004
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Location: BUSHville

PostPosted: Wed Sep 14, 2005 6:53 pm    Post subject: Breaking: Judge Rules Pledge Of Allegiance Unconstitutional Reply with quote

?What?

http://www.foxnews.com/

Breaking: Judge Rules Pledge Of Allegiance Unconstitutional in Public Schools
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Rdtf
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Joined: 13 May 2004
Posts: 2209
Location: BUSHville

PostPosted: Wed Sep 14, 2005 6:58 pm    Post subject: Reply with quote

http://www.breitbart.com/news/2005/09/14/D8CK6SOO2.html

Quote:
Judge: School Pledge Is Unconstitutional
Sep 14 2:39 PM US/Eastern


By DAVID KRAVETS
Associated Press Writer


SAN FRANCISCO


Reciting the Pledge of Allegiance in public schools was declared unconstitutional Wednesday by a federal judge ruling in the second attempt by an atheist to have the pledge removed from classrooms. The man lost his previous battle before the U.S. Supreme Court

U.S. District Judge Lawrence Karlton ruled that the pledge's reference to one nation "under God" violates school children's right to be "free from a coercive requirement to affirm God."

Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.

The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of.

Newdow, an attorney and a medical doctor, filed an identical case on behalf of three unnamed parents and their children. Karlton said those families have the right to sue.

Karlton, ruling in Sacramento, said he would sign a restraining order preventing the recitation of the pledge at the Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts, where the plaintiffs' children attend.

The decision sets up another showdown over the pledge in schools.

The Becket Fund, a religious rights group that is a party to the case, said it would immediately appeal the case to the San Francisco-based 9th U.S. Circuit Court of Appeals. If the court does not change its precedent, the group would go to the Supreme Court.

"It's a way to get this issue to the Supreme Court for a final decision to be made," said fund attorney Jared Leland.

Newdow, reached at his home, was not immediately prepared to comment.
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Anker-Klanker
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Joined: 04 Sep 2004
Posts: 1033
Location: Richardson, TX

PostPosted: Wed Sep 14, 2005 7:33 pm    Post subject: Reply with quote

This is absolutely the best case I've seen yet for instituting term limits on judges; this guy is senile.

Notice that he cited as his "authority" the 9th Circuit Court (the most overruled court in the country), whose ruling on the same subject was subsequently overruled by the Supreme Court.

Then, again, maybe Central California judges trump SCOTUS.
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GM Strong
Master Chief Petty Officer of the Navy


Joined: 18 Sep 2004
Posts: 1579
Location: Penna

PostPosted: Wed Sep 14, 2005 7:44 pm    Post subject: Reply with quote

9th Circus Court of Schlemiels strikes again and will strike out again. Time for Congress to break it up and dilute the clowns in it. They have the authority, they should get on with it.
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AMOS
Senior Chief Petty Officer


Joined: 30 Jul 2004
Posts: 558
Location: IOWA

PostPosted: Wed Sep 14, 2005 8:51 pm    Post subject: Michael Newclown Reply with quote

Someone needs something to do.................like maybe Michael Newclown.
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Me#1You#10
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Joined: 06 May 2004
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PostPosted: Wed Sep 14, 2005 9:14 pm    Post subject: Reply with quote

It's essentially the same case that the USSC dodged a bullet on, using Newdow's "lack of standing" to reverse the lower court. It's time for the USSC to step up to the plate and rule on this issue. It isn't going away.
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LewWaters
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Joined: 18 May 2004
Posts: 4042
Location: Washington State

PostPosted: Thu Sep 15, 2005 1:35 am    Post subject: Reply with quote

Something is seriously wrong when you have legal protection to burn, desecrate and ridicule our flag, but a court rules it's unconstitutional to pledge allegiance to it.

I know this is based on it's containing the words "under God," but back in the 1940s, the Jehovah's Witness religion won a Supreme Court ruling stating children in school can not be forced to recite the pledge anyways. If they are not being forced to recite it, where does the words Under God violate anything?

When these atheists start refusing to accept our money, since it too contains the words "Under God," I'll see their view as sincere. Until then, I see this as nothing more than the old Communist Divide and Conquer tactic.

I'm also confident this will be overturned in the future.
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Anker-Klanker
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Joined: 04 Sep 2004
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PostPosted: Thu Sep 15, 2005 2:23 am    Post subject: Reply with quote

Pollipundit has been having a rousing "debate" on this subject (over 200 comments). Two self-described atheists walked into a hornet's nest there. It does make for some interesting reading, including some insight into the minds of people who instigate these things.
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dusty
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PostPosted: Thu Sep 15, 2005 4:48 am    Post subject: Reply with quote

Anker-Klanker wrote:
Pollipundit has been having a rousing "debate" on this subject (over 200 comments). Two self-described atheists walked into a hornet's nest there. It does make for some interesting reading, including some insight into the minds of people who instigate these things.


We already know what's in their minds. Nothing. A person who doesn't believe there is a God believes in nothing.

Dusty
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wwIIvetsdaughter
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Joined: 02 Sep 2004
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Location: McAllen, Texas

PostPosted: Fri Sep 16, 2005 5:45 am    Post subject: Reply with quote

This is good for the GOP and conservatives. It wakes up more and more of the Americans living in Red America between the Nuts-n-Flakes of the East and West coasts to the dangers these clowns represent to the fabric of our society.
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PhantomSgt
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Joined: 10 Sep 2004
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PostPosted: Fri Sep 16, 2005 10:04 am    Post subject: Reply with quote

Another Prsident Carter appointee does him proud.

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Ohio Voter
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Joined: 09 Aug 2004
Posts: 360

PostPosted: Fri Sep 16, 2005 12:46 pm    Post subject: Reply with quote

Yes, what is wrong is Liberals are destroying the US. They want to make it into the Soviet Union.

LewWaters wrote:
Something is seriously wrong when you have legal protection to burn, desecrate and ridicule our flag, but a court rules it's unconstitutional to pledge allegiance to it.

<snip>

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AMOS
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Joined: 30 Jul 2004
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PostPosted: Fri Sep 16, 2005 2:55 pm    Post subject: Thanksgiving. Reply with quote

Pledge of Allegiance? What's next? Oh yeah, Thanksgiving will be declared unconstitutional by the loonie lefties. Something to do with turkeys, I'll bet.
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shawa
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Joined: 03 Sep 2004
Posts: 2004

PostPosted: Fri Sep 16, 2005 6:13 pm    Post subject: Reply with quote

wwIIvetsdaughter said
Quote:
This is good for the GOP and conservatives.


While I am incensed about this decision, the timing is good for it to focus public attention on the need for another Conservative Justice on the Supreme Court. The Pledge is near and dear to the hearts of most of the American people, and this decision is going to be appealed to the SC.

All the more reason for the public to heartily support a Bush nomination of a STRONG CONSERVATIVE to overturn this idiotic judge.
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“I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. ‘Tis the business of little minds to shrink; but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death.” (Thomas Paine, 1776)
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Armybrat/Armymom
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Joined: 27 Aug 2004
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Location: Central Texas

PostPosted: Fri Sep 16, 2005 7:56 pm    Post subject: Reply with quote

It's no longer Thanksgiving Day but TURKEY DAY!!
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