Bigboi and others,
too much misinformation...
no one was forcing Mr. Newdow's daughter to say the pledge. As i stated in an earlier post the JW case, West Virginia Board of Education v. Barnette, already established the freedom for persons to not be compelled to salute the flag or say the pledge. This was not the issue in this case and the Ninth Circuit Court even addressed that.
In fact one article Mr. Newdow admitted that he did not know if his daughter said the pledge or not and apparently has not talked with her or instructed her either way. He said this case was "more about him than her".
To clarify another misunderstanding here, the Court has not stayed or is not reconsidering its opinion or decision, it has only stayed the application of its ruling pending the outcome of the appeals and petition for rehearing. Big difference.
After reading the full opinion of the Court, I have to say that the legal reasoning is actually fairly sound.
So another misperception above is that all legal scholars are saying it will be overturned. The media, politicians and others may be saying that, but I have read some notable constitutional scholars including my old professor, Erwin Chemorinsky, state that it is likely to be upheld or simply that the U.S. Supreme Court may deny cert (that is to hear the case).
I do not agree with the ruling as I see it as a case of the "Tyranny of the Minority" and feel that if anyone has a problem with the pledge they had the option under Barnette to refuse to recite it but left the freedom intact for the majority to recite it as they wished.
However, I am not as sure as I was before reading the opinion that the decision is legally flawed. I still think it is morally, ethically, practically and socially wrong.
Here is an interesting subthought. As Jehovah's Witnesses we view the flag salute and Pledge as an act of religious worship (akin to the Bablyonian requirement to bow down to the idol given to Meshak, Shedrach and Abednego). So it is interesting to consider how it is possible to taint what is already a religious act with another religious aspect? In other words, the whole thing is already a religious exercise so either the world can recognize and remove it from the school setting or perhaps they should admit that and recognize it for what it is?
--Eduardo