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Scalia Out On Pledge


As the Washington Post reports, Justice Scalia has recused himself from the Pledge of Allegiance case. Might this lead to a 4-4 affirmance of the Ninth Circuit? Perhaps, though there are other possible outcomes. (One possibility is that the Supreme Court tosses the whole case, holding plaintiff Michael Newdow never had standing to challenge the school board policy.) Eugene Volokh runs down this and some of the other alternatives here and here.