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Judge: 'Under God' unconstitutional:

• The full text of the order: The Rev. Dr. Michael A. Newdow v. The Congress of the United States of America (US District Court, Eastern District of California, PDF)
• Judge revives battle over pledge | Religious conservatives denounce the ruling that 'under God' in the Pledge of Allegiance means that it is unconstitutional (Los Angeles Times)
• Judge rules reciting pledge in schools is unconstitutional | The judge said that the decision would "satisfy no one involved" in the debate over "the role of religion in the civil life of this nation," but that he was bound by a ruling in 2002 by the United States Court of Appeals for the Ninth Circuit (The New York Times)
• Judge rules Pledge of Allegiance in Calif. schools unconstitutional | Says he'll issue an injunction to three California school districts to halt the daily reciting of the pledge (The Washington Post)
• Judge: School pledge is unconstitutional | An atheist seeking to strike the words "under God" from the Pledge of Allegiance in public schools has won a major battle in his quest to force the U.S. Supreme Court to take up the issue again (Associated Press)
• Court says flag pledge violates Constitution | A California atheist who last year lost a Supreme Court fight to remove the phrase "under God" from the Pledge of Allegiance won an initial round on Wednesday to revive his cause in the courts (Reuters)
• Judge strikes 'God' from pledge | Plaintiff Michael Newdow works in El Paso (El Paso Times, Tex.)

Response from religious groups:

• Pledge decision highlights importance of Roberts nomination (Tony Perkins, Family Research Council)
• FRC blasts Pledge of Allegiance decision (Family Research Council)
• Pledge ruled unconstitutional—again (Family News in Focus, Focus on the Family)
• Focus Action decries pledge ruling (Focus on the Family Action)
• CWA says pledge rulings prove need for Judge Roberts (Concerned Women for America)
• Is the Pledge of Allegiance unconstitutional? | Christians must not defend the presence of the word "under God" in the Pledge as a direct reference to the God of Abraham, Isaac, and Jacob--the Triune God whom Christians worship as Father, Son, and Holy Spirit. At best, the presence of this language in the Pledge and similar expressions on the nation's currency represent an acknowledgement of a power higher than the State itself and the nation's dependency upon that power for its safety and well being (Al Mohler)
• Becket Fund vows immediate appeal to preserve the pledge (The Becket Fund for Religious Liberty)
• San Francisco federal court strikes down Pledge of Allegiance (Alliance Defense Fund)

John Roberts hearings:

• Roberts's testimony alarms conservatives | Some contend he could be moderate (The Boston Globe)
• Roberts parries queries on Roe and end of life | Judge John G. Roberts Jr. repeatedly refused to address some of the most ideologically charged matters on the third day of his confirmation hearings (The New York Times)
• The JFK question | Sens. Specter and Feinstein impose an unconstitutional religious test (Manuel Miranda, The Wall Street Journal)
• Judge Roberts speaks | The cumulative impression is of a cautious, incremental conservative, unlikely to unmask himself as a liberal once on the bench but unlikely as well to try to impose his own political agenda (Editorial, The Washington Post)
• A conservative, yes, but not a Scalia | Roberts said that is not always possible to view the original intent of the framers (Charles Lane, The Washington Post)
• Roberts throws a curve | In nominating Roberts, and off his diligent performance in the confirmation process, Bush has ended up disquieting his conservative supporters more than antagonizing progressives (Thomas Oliphant, The Boston Globe)

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September (Web-only) 2005, Vol. 49