Liberals Under God

Yesterday the Supreme Court reversed a California court of appeals ruling declaring the Pledge of Allegience unconstitutional, but did so on a legal technicality ("standing") to avoid reaching the merits of the issue. The New Republic Online: Thank God. Once again, the liberals and conservatives on the Court switched, with Chief Justice Rehnquist and Justice Clarence Thomas arguing in dissent that the Court should find standing and uphold the Pledge.

One of my professors in law school used to say that standing doctrine was invoked when courts found certain politically explosive cases too much of "hot potatoes" to decide. Now it seems that standing is used when the Supreme Court cannot get a majority on a single decision and one wing of the Court -- which remains sharply divided politically -- is trying to avoid a bad result on the merits.

 Posted by glenn