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Wednesday, September 14, 2005

History Lesson For U.S. District Judge Lawrence Karlton

U.S. District Judge Lawrence Karlton has declared the Pledge of Allegiance unconstitutional. He has obviously been watching closely the Roberts hearings in Washington, as he used the excuse of the 2002 ruling by the 9th Circuit as precident as the reason for his ruling.

Now, he could just as easily used the 2005 ruling by the 4th Circuit in Richmond Va as the basis for his "following precident" declaration, and probably been much more correct. In case the Judge has forgetten, the Supreme Court tossed the case the 9th heard, based on the fact that the person (same guy as this time) who filed didn't have cause to file. If he didn't have cause to file in the Supreme Court, he didn't have cause to file in any US Court, therefore the 2002 ruling shouldn't be looked on as precident. It shouldn't be looked on at all!

For a baseball analogy (they seem to be the rage this week in court circles); if a baserunner were to pass another baserunner then score, it is an illegal play. The correct ruling is to call the man who passed as "out", and not count the run. Under Judge Karlton's logic we'd call the man out (as the Supreme Court did), but still let his run count in the score and subsequent records.

The 4th Circuit on the other hand, called the pledge an exercise in patriotism, not religious indoctrination, and therefore allowed the Virginia law to stand.

Looks like John Roberts will get to play baseball with this one.

PS, to the 9th Circuit; who will get the first appeal; you need to toss this one based on what I stated above.


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