California Judge Bans "Under God" in the Pledge of Allegiance and says it is Unconstitutional:
"Karlton said he would sign a restraining order prohibiting the recitation of the pledge at Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts, where the children of Newdow and his fellow plaintiffs are enrolled." (source)
For those of you that think saying that we want a judge that "doesn't legislate from the bench" is GOP-speak for "right wing conservative nut job", please stop being partisan and combative and think.
Our legislative branch is ELECTED. Therefore they are (or should be) the voice of the people.
Our judicial branch is APPOINTED. Therefore they are not accountable to the people.
If something is not found in the Constitution or subsequent Amendments or is ambiguous in nature...it is not the job of the courts to dictate what should be. They are only there to carry out what is already law. The Constitution only lives and breathes through LEGISLATIVE acts of Congress NOT through the interpretation of judges.
If something is up to interpretation it should always be taken to the people and decided state-by-state. One person (or even nine) can not be allowed to decide for the entire country. Put it on the ballot and let the people decide --could anyone really disagree with that? (Besides the ACLU...)