The Corner

Pledge Case

The Pledge survives on a technicality. A five justice majority of the Court held that Newdow lacks standing to bring the case. Only three justices — Rehnquist, O’Connor and Thomas — found Newdow had standing and reached the merits, all arguing that the Pledge is constitutional. Interestingly enough, most of the justices in the majority have previously endorsed an extremely permissive approach to standing, while Rehnquist and Thomas have been far more restrictive. Justice O’Connor, appearing unusually consistent in this case, has typically not joined other conservatives in seeking to restrict standing.

The Court also handed down five other decisions today, and granted cert in three more, so there will be more to say later.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


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