Strengthening Constitutional Self-Government

No Left Turns

Scalia’s Recusal

Here’s one take on Scalia’s recusal from the Supreme Court’s Pledge of Allegiance case by law professor Jonathan Adler at NRO’s The Corner:

As the Washington Post reports Justice Scalia has recused himself from the Pledge of Allegiance case. Might this lead to a 4-4 affirmance of the Ninth Circuit? Perhaps, though there are other possible outcomes. (One possibility is that the Supreme Court tosses the whole case, holding plaintiff Michael Newdow never had standing to challenge the school board policy.)

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