Ninth Circuit Changes Mind, Audiences Wowed

After it’s 2002 ruling that the word “under God” placed in the pledge of allegiance by a 1954 law aimed at battling godless communist was in fact a religious prayer in violation of the Constitutional guarantee of the separation of church and state, the Ninth Circuit reversed itself deciding last week that, no, it was not. Rather:

The daily schoolroom ritual is not a prayer, but instead “a recognition of our founders’ political philosophy that a power greater than the government gives the people their inalienable rights.”

So take that anti-American communist. We’ve got limited government guided by the Almighty; all you’ve got is a bunch of dudes.

Federal Court Limits the Use of Tasers – NYTimes.com

9th Circuit Limits the Use of Tasers. While some might scream, “It’s about time!” this will be another one of those that’s-just-the-9th-circuit-being-the-9th-circuit moments (note that Schwartz casually points out the SF locale of the court).

For an insightful commentary on the decision see Orin Kerr’s analysis at the Volokh Conspiracy.