Supremes Rule on Pledge Case

On Flag Day, the U.S. Supreme Court ruled on the high profile case challenging the words "under God" in the Pledge of Allegiance. The Court dismissed the case on the grounds that the father did not have legal standing to sue on behalf of his daughter due to post-divorce custody arrangements.

Nevertheless, some headlines -- like this one from the Christian Science Monitor: Court keeps 'under God' in Pledge -- imply that the Court ruled on the substance of the case. More accurate headlines come from CBS: High Court Ducks Hot Potato Case and CNN:Court dismisses Pledge case.

Half Truths

It is true that "under God" remains part of the (voluntary) Pledge of Allegiance, but not because the Court said "make it so." Indeed, five of the eight voiced no opinion as to the validity of the suit but instead ruled only on standing.

Justice Antonin Scalia removed himself from the case after being quoted as critical of the appeals court decision. Had he ruled, it is logical to assume he would might voted with Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor and Clarence Thomas on standing.

Thomas' Opinion on Precedent

Whereas Rehnquist and O'Connor believe the pledge is without question constitutional, in his opinion Thomas questioned inclusion of the phrase "under God" after reviewing case law on "coercion" and prayer at graduation exercises (Lee). He noted that "the Court has squarely held that the government cannot require a person to 'declare his belief in God.'"

He writes: "I conclude that, as a matter of our precedent, the Pledge policy is unconstitutional." However, in writing that he believes Lee was "wrongly decided" (because, in his words: "Peer pressure, unpleasant as it may be, is not coercion.") he affirmed the constitutionality of the Pledge as currently recited.

Now Not Campaign Issue

Had the ruling supported the lower court decision, the Pledge almost certainly would have become a campaign issue, given the reaction of Congress and state legislatures last year. This ruling makes that possibility extremely remote.

Finally, keep a watchful eye for how writers portray the ruling. Although the Pledge was written in 1892, it was not adopted by Congress until 1942 (during World War II) and the words "under God" were not added until 1954. Thus, rhetoric such as "Court upholds 112 year old Pledge" is misleading on two fronts.