Wednesday, June 16, 2004
On the Supreme Slap of Michael Newdow:
In a very unheralded decision, the Supreme Court told Michael Newdow to go pound sand.
That is my interpretation of their ruling. Remember, I am not a lawyer, nor do I play one on TV.
For those of you who need a refresher, Mr. Newdow - a self described atheist physician and lawyer, brought before the Supremes a case challenging the constitutionality of the words "Under God" in the Pledge of Allegiance. He was helped along his way by a nutty ruling from the Ninth Circus Court of Appeals in San Francisco.
Mr. Newdow claimed that his daughter was being injured by being required to repeat the Pledge daily.
Some very glaring issues about this case:
1. Mr. Newdow is an atheist. His daughter and ex-wife are not. Actually, they are very active evangelical Christians.
2. Mr. Newdow does not have, per a ruling of the California Family Court, legal or physical custody of the aforementioned daughter. Therefore, he has no say in what she is taught or how she is raised.
Fact #2 was overlooked by both the trial court and the 9th Circus Court. The Supremes saw it differently. They realized that Mr. Newdow did not have standing to bring the suit in the first place, and therefore they threw it out. Good for them. I'm sure the issue will be back, but I take good news when it comes along.
Would I rather they had slammed him on the merits (or lack there of) of the case? Yes. But I'm happy with the outcome. To me it was a very subtle statement by the court that Mr. Newdow is a waste of time. I've listened to the guy and I think he's a waste of breathable air.
Like it or not, Mr. Newdow, we are One Nation, Under God. While I respect your right to bring this case before the Supremes, I also reserve my right to laugh in your general direction when they issue an 8-0 slap in the face to you.
Here endeth the lesson.