Protect This

September 27, 2004

The House of Representatives passed The Pledge Protection Act (H.R. 2028). The bill would strip the Federal Courts, up to and including the Supreme Court, over any claim that "the recitation of the Pledge of Allegiance violates the first amendment of the Constitution." In other words, the bill is meant to prevent the Supreme Court from ruling on Newdow or a similar case.

At the ACS blog, Jeffrey Jamison summarizes with a comprehensive set of links: Congress Attempts to Strip Federal Courts of Power.

Yale Law professor Jack M. Balkin discusses the minor drawbacks of such a bill at Balkinization: The Pledge Protection Act of 2004

The Pledge Protection Act of 2004 is a shameless act of political pandering. It is also unconstitutional.

...
There are many legitimate reasons for Congress to limit the jurisdiction of the federal courts. But one reason that is not legitimate is the one that Sensenbrenner offered-- to ensure that each state gets to decide for itself what is consistent with the Federal Constitution and what is not. Legislation passed for this purpose violates a key structural principle, because it strips the Supreme Court of appellate jurisdiction in these cases.