Yesterday's decision by the Ninth Circuit Court of Appeals in Newdow v. U.S. Congress was, in a word, outrageous. It is inexplicable that this man so seriously objected to his daughter having to listen and watch others recite the pledge at their school. Keep in mind, in this country no one can be forced to recite the Pledge of Allegiance. It is simply a matter of respect. It is appalling that this court took the time and judicial resources to resuscitate this case which the district court had already dismissed for failing to state a claim. This complaint was a mess. The plaintiff, Dr. Newdow, who represented himself, asked a Federal court to order the President to change a law. The court took great pains to find a claim in Mr. Newdow's complaint and then to rule in his favor. He did this at a time when Federal judicial resources are very strained. The Nation is trying to function in the speedy manner required by the sixth amendment, with 89 judicial vacancies, a staggering number, representing 10 percent of the Federal judiciary. According to the Judicial Conference, in the past three decades, a U.S. Courts of Appeals judges' average caseload increased by nearly 200 percent. In light of these strained resources, it is appalling to me that the court took time to resuscitate this very flawed case. The Pledge of Allegiance plays a very important part in the citizenship experience of every American.
Asa Hutchinson: “Yesterday's decision by the Ninth Circuit Court of Appeals in Newdow v. U.S. Congress was, in a word, outrageous. It is…”
Editor's note · Context
Addressing the Ninth Circuit Court's decision in Newdow v. U.S. Congress regarding the Pledge of Allegiance.
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