News in Brief

McCain Cites ‘Pledge’ Court Case As Example of ‘Judicial Activism’

Article Tools
  • PrintPrinter-Friendly
  • EmailEmail Article
  • ReprintReprints
  • CommentsComments

Sen. John McCain of Arizona, the presumptive Republican presidential nominee, last week outlined his views on judicial appointments and cited a well-known case over school-led recitations of the Pledge of Allegiance as an example of what he called the abuses of “judicial activism.”

Sen. McCain, speaking May 6 at Wake Forest University in Winston-Salem, N.C., referred to a 2002 ruling by a 2-1 panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, that a California school district’s policy of leading the pledge was an unconstitutional government establishment of religion because of the words “under God” in the oath.

He didn’t mention that the U.S. Supreme Court, in a 2004 decision in Elk Grove Unified School District v. Newdow, set aside the 9th Circuit court ruling on procedural grounds. Michael A. Newdow, the California lawyer and physician who challenged the pledge in schools, is opposing the practice in a new case, which is pending before a new panel of 9th Circuit court judges.

See Also
For more stories on this topic see Law and Courts.

Vol. 27, Issue 37, Pages 4-5

Published in Print: May 14, 2008, as McCain Cites ‘Pledge’ Court Case As Example of ‘Judicial Activism’
Notice: We recently upgraded our comments. (Learn more here.) If you are logged in as a subscriber or registered user and already have a Display Name on, you can post comments. If you do not already have a Display Name, please create one here.
Ground Rules for Posting
We encourage lively debate, but please be respectful of others. Profanity and personal attacks are prohibited. By commenting, you are agreeing to abide by our user agreement.
All comments are public.

Back to Top Back to Top

Most Popular Stories