Constitutional Law
Mar. 17, 2010
A Politically Popular, but Wrong Decision
Erwin Chemerinsky of UC Irvine School of Law has no doubt that the 9th Circuit came to a politically expedient decision in upholding the constitutionality of "under God."
By Erwin Chemerinsky
When my youngest child was in kindergarten in a Los Angeles public school in September 2003, she came home at the beginning of the second week and showed her mother and me how she had learned to recite the Pledge of Allegiance. As she said the words, "under God," her mother remarked to me that she thought that the 9th Circuit had declared that unconstitutional and that children no longer needed to say that. My daughter...
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