Law & Courts News in Brief

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

By Mark Walsh — May 13, 2008 1 min read
  • Save to favorites
  • Print

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.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Rethinking STEM Assessment: Strategies for Administrators
School and district leaders will explore strategies to enhance STEM assessment practices across their district, within schools and classrooms.
Content provided by Project Lead The Way
Federal Webinar Keeping Up with the Trump Administration's Latest K-12 Moves: Subscriber-Exclusive Quick Hit
EdWeek subscribers, join this 30-minute webinar to find out what the latest federal policy changes mean for K-12 education.
Artificial Intelligence Live Online Discussion A Seat at the Table: Math & Technology: Finding the Recipe for Student Success
How should we balance AI & math instruction? Join our discussion on preparing future-ready students.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Administration Asks Supreme Court to Reinstate Ed. Dept. Layoffs
The administration asks the U.S. Supreme Court to remove an injunction blocking the layoffs of nearly 1,400 department employees
4 min read
Attorneys from the Education Department's General Counsel Office Emily Merolli, second left, and Shaw Vanze in the back, second right, are greeted by supporters after retrieving their personal belongings from the Education Department building in Washington on March 24, 2025.
Attorneys from the U.S. Education Department's General Counsel Office Emily Merolli, second left, and Shaw Vanze in the back, second right, are greeted by supporters after retrieving their personal belongings from the department's headquarters in Washington on March 24, 2025. The Trump administration has asked the U.S. Supreme Court to undo a federal district court injunction that would reinstate some 1,400 employees laid off from the department.
Jose Luis Magana/AP
Law & Courts A Court Told Trump to Reverse Ed. Dept. Layoffs. Will It Happen?
A judge ruled May 22 that the Trump administration had to reinstate laid-off Ed. Dept. staffers. They're still not back on the job.
6 min read
Supporters hold signs and cheer Education Department employees as they leave after retrieving their personal belongings from the Education Department building in Washington, Monday, March 24, 2025.
Supporters hold signs and cheer Education Department employees as they leave after retrieving their personal belongings from the Education Department building in Washington, Monday, March 24, 2025. A judge has ordered the reinstatement of terminated department employees, but they have yet to return to work.
Jose Luis Magana/AP
Law & Courts Appeals Court Ruling Raises Bar for Challenging School Book Bans
A federal appeals court rejected a challenge to book removals in a Texas public library and overruled a precedent on school library cases.
6 min read
Books sit on shelves in an elementary school library in suburban Atlanta on Aug. 18, 2023.
Books sit on shelves in an elementary school library in suburban Atlanta on Aug. 18, 2023. A federal appeals court covering Louisiana, Mississippi, and Texas has made it more difficult for public and school library patrons to challenge book removal decisions.
Hakim Wright Sr./AP
Law & Courts Supreme Court Won’t Hear ‘Two Genders’ Student T-Shirt Case
Over two justices' dissent, the U.S. Supreme Court declined to hear the case of a student barred from wearing an anti-transgender T-shirt.
6 min read
Liam Morrison, pictured in the "There Are Only Two Genders" shirt at the heart of his Supreme Court case, L.M. v. Town of Middleborough.
Liam Morrison, pictured in the "There Are Only Two Genders" shirt at the heart of his Supreme Court case, <i>L.M.</i>&nbsp;v.&nbsp;<i>Town of Middleborough</i>.
Courtesy of Alliance Defending Freedom