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PostWatch: An irregular correction to the Washington Post

Brought to you by Christopher Rake


Wednesday, June 26, 2002
11:56 PM

Fun Facts: The Pledge... Scholar and blogger Eugene Volokh, whom I've quoted several times in support of the indiviudal-rights view of the Second Amendment, is quoted in this Post story about the 9th Circuit ruling that the Pledge of Allegiance is unconstitutional because it includes the phrase "under God":

It is eminently defensible," said Eugene Volokh, a specialist in church-state law at UCLA Law School. "I'm not sure it's ultimately the right result. But the court is applying principles the Supreme Court has established." Volokh suggested, however, that a majority of the court may ultimately decide that "under God" in the pledge, like the cry of "God save the United States and this honorable court," which opens each Supreme Court oral argument, qualifies as what the late justice William Brennan once called "ceremonial deism" – traditional references to a higher power so frequently invoked that they have lost any specific religious meaning.

And get this. The Post story notes that the 9th circuit is "the most liberal federal appeals court in the country – its rulings are frequently reversed by the more conservative Supreme Court." How frequently? According to this from Sen. Conrad Burns' website (via NRO's The Corner:

In terms of the rate at which its decisions are reversed by the U.S. Supreme Court, the Ninth Circuit's record for failure is practically unblemished. In recent years, more than 80 percent of rulings by the Ninth have been overturned. This past term, the Supreme Court reviewed 29 cases from the Ninth Circuit -- it reversed an astonishing 28 of them.

I can't tell how old this post is, however.

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