Flag fizzle: Newdow loses the Pledge case.

The Court has unanimously decided against the Michael Newdow, the atheist who got the 9th Circuit to hold that the words "under God" in the Pledge of Allegiance violate the Establishment Clause. But the decision of the Supreme Court today says nothing about the Establishment Clause, only that Newdow lacks standing. Under state law, he lacks standing to sue on her behalf, because his daughter's mother has been given custody. He can only assert his own rights, but he had no rights to assert. No one was barring him from saying whatever he wanted to his daughter. Rather he wanted to keep her from hearing things he disagreed with. That might violate her rights, but he was in no position--because of California law--to speak for her.



So the Establishment Clause question remains to be decided another day, which may never come.