Olson Asks for Summary Reversal in Pledge Case!!!

[ThomasIsUnderrated]

Court Asked to Keep 'Under God' in Pledge

By ANNE GEARAN, Associated Press Writer

WASHINGTON - The Bush administration appealed to the Supreme Court on Wednesday to preserve the phrase "under God" in the Pledge of Allegiance recited by school children.


and later on in the story...


The 9th U.S. Circuit Court of Appeals was so far out of bounds that the Supreme Court could simply strike down the ruling without even hearing arguments on the case, Olson suggested.



Sweet! Olson is asking for summary reversal.


Read the rest HERE (http://news.yahoo.com/news?tmpl=story2&cid=558&ncid=701&e=1&u=/ap/20030430/ap_on_go_su_co/scotus_pledge)

[ThomasIsUnderrated]

What do you think the odds are that the Court will decide this by summary reversal?

[MaximumSam]

I'd say 100-1.

[ThomasIsUnderrated]

I do think the Court will eventually reverse the 9th Circuit. However, I'm not counting very much on summary reversal. I think the Court will schedule oral arguments for the fall, with a decision out ASAP. This is an issue that I don't think the Court wants to have roll into an election year. It would give politicians too much ammunition (assuming the decision to reverse is not unanimous).

[Timberwolf]

[ QUOTE ]
ThomasIsUnderrated said:
What do you think the odds are that the Court will decide this by summary reversal?

[/ QUOTE ]
5-1 that the SC will reverse by a 6-3 margin (Ginsberg, Breyer and Stevens dissenting).

[ThomasIsUnderrated]

The summary reversal possibility depends on whether or not the justices consider the 9th Circuit's decision to be in direct conflict with the settled law. The 9th Circuit majority called previous references to the pledge in SCOTUS opinions "dicta." This may not sit very well with some justices (especially O'Connor and Rehnquist). While the use of the term "dicta" is perfectly normal in appellate law, some justices may see the term as it was used in this opinion as a brush off.

If the Court decides to hold arguments, I'm guessing a 7-2 reversal, with only Gisburg and Stevens voting for Newdow(and I'm not really that sure about Ginsburg).