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AP is reporting (as a senator noted in the Roberts hearing) that a federal district judge in San Francisco has ruled that the recital of the Pledge of Allegiance in public schools violates the Establishment Clause. See http://www.nytimes.com/aponline/national/AP-Pledge-of-Allegiance.html. The AP story says the district judge said that the Ninth Circuit's Newdow decision was binding precedent. I thought that the Supreme Court's reversal of the Ninth Circuit's decision, on standing grounds, would have eliminated the precedential effect of the Ninth Circuit decision. Perhaps the AP story is incorrect on this point, or perhaps I'm missing something.
Mark S. Scarberry Pepperdine University School of Law
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