So today Larry Hiibel enters Supreme Court history , aptly taking his place alongside Michael Newdow in the same volume of U.S. Reports: they are two men who cared so much about saying two words and litigated their concern to th…
Ambivalent Imbroglio emailed me, asking why, as a lawprof, I've taken up blogging. He's a law student interested in what motivates lawprofs to blog. I suppose the fact that I'm blogging an answer to email (which he s…
It's late and it's been a long day, the first day of summer Conlaw and the deadline –met!--for Spring semester grades, but let me get my final Newdow post in. I can see I got a nice Instapundit link for my multiple Newdo…
As noted below, the main opinion in Newdow does not address the Establishment Clause question. The three concurring opinions do, however, and all find the Pledge, with the "under God" language, constitutional. The thre…
Justice Stevens' opinion in Newdow contains a very interesting issue about the use of state law--family law--to determine the scope of standing to sue in federal court. Why should the states be able to determine the power of…
The Court has unanimously decided against the Michael Newdow, the atheist who got the 9th Circuit to hold that the words "under God" in the Pledge of Allegiance violate the Establishment Clause. But the decision of the…