This just in
From How Appealing comes news that the full U.S. Court of Appeals for the Ninth Circuit has decided to let stand a previous decision by a three-judge panel of that court that the phrase "under God" in the Pledge of Allegiance is unconstitutional. Thus, the active members of the court voted not to review the earlier opinion by Judge Ted Goodwin, for whom I worked when I first moved to Oregon nearly 25 years ago.
I think this means that unless the court "stays the mandate" in the case, it will soon be illegal for public school students to say the pledge in its current form, at least on the West Coast.
Usually when the Ninth Circuit denies a motion for rehearing, it does so without comment. Not this time! Really letting it rip in a lengthy dissent is Portland's own Judge Diarmuid "Close the Post Office" O'Scannlain, who gets hotter than a right-wing blogger, and raises his colleagues' blood pressure to boot. One colleague writes that Judge O'Scannlain's views are "disturbingly wrongheaded."
I can't wait to hear and read the Supreme Court dialogue on this one. Meeeeeoowwwwwwwwww!!!
What a fun weekend we have ahead! Let the name-calling and political posturing recommence!
UPDATE, 3/1/03: Leave it to Howard Bashman to educate us all on the timing of the Ninth Circuit's mandate and the procedures by which it can be stayed. How Appealing really is an internet treasure.
UPDATE II, 3/1/03: Egads, Howard has linked here, as well as to some much more serious academic commentators, and now I am exposed as an intellectual lightweight, content only to cackle with cynicism. Ah, well. First Amendment jurisprudence in connection with religion has always been a mess. Anyone seeking to find consistent doctrine in the area is likely to come away disappointed, wherever they look. Wish I had something of greater substance to contribute. But I do derive perverse enjoyment from one Republican appointee in Oregon attacking another with such vehemence! The Nixon Ninth Circuit vs. the Reagan Ninth Circuit -- he he!
UPDATE III, 3/2/03: I actually had a substantive thought about this today: What if the Supreme Court decides that Newdow is not suitable for adjudication because the plaintiff (the student's father) lacks standing? Presumably, in that case the judgment of the court below would be vacated. Does that mean the case will have no precedential value, even in the Ninth Circuit? If Mr. Newdow lacks standing, will West Coast public schools still be able to say the pledge in its current form? A valued colleague informs me this evening that they would, because a vacated decision is a nullity -- as if it were never rendered.
Until the next case, of course. And if a different Ninth Circuit panel gets it next time? Holy moly.




Too bad Springsteen didn't win much. Norah's record isn't that much better than The Rising. But I think the voters (a) were a bit turned off by the long and hard campaign waged by Bruce and Sony Records, and (b) are so desperate as an industry to show they're still relevant that they didn't want a guy in his 50s in the spotlight too long. Bruce will now feel wronged, and in a few years he'll get some prizes for lesser work. If he gets depressed, he can just look at Dustin Hoffman, who gave the performance of 10 lifetimes as Ratso Rizzo in "Midnight Cowboy," then watched the Oscar go to John Wayne for "True Grit" because his was overdue.
Just hit town after a wonderful weekend on the Oregon coast. A few bloggable topics there, but they'll have to wait a while. Here's something I read last night that's worth sharing. It's from an interview with 
Ah, some might ax, but why is da Administration getting involved at izzall? Well, da standards fo' filing an amicus brief aren't hella demanding -- one has has some interest in da case, 'n something be like that might possibly help da court n' shit. That's da basis on which many organizations file amicus briefs, 'n on which da federal government does, too n' shit. The federal government files briefs in lots of cases that involve state government action but a federal constitutional claim. For instance, da Clinton administration filed an amicus brief in Hill v. Colorado urge da Court uphold state-law regulations of speech outside abortion clinics; but that's just one of many examples, know what I'm sayin'?
If I do say so myself, I picked the perfect Motown songs, which I laid on back to back in prime time. There are so many to choose from, but here are the best selections: Supremes, "Love is Like an Itching in My Heart"; Four Tops, "Standing in the Shadows of Love"; Junior Walker, "Shake and Fingerpop"; Edwin Starr, "25 Miles"; Temptations, "Ain't Too Proud to Beg"; Capitols, "Cool Jerk" (though technically not Motown, they were backed by the Funk Brothers); and for one of night's few slow dances, Marvin Gaye & Tammi Terrell, "Your Precious Love." Best mistake of the night: I inadvertently played "Danger Heartbreak Dead Ahead" by the Marvelettes, when I was in fact going for something else. But the goodwill of the rest of the Motown numbers carried it handily.
In response to my
I just discovered that Oregon's U.S. Sen.
Getting ready for one of these gigs is fun in itself. The rocking side of my music collection gets a real workout as I try things out in the den and compile some lists of potential tracks.
I had suspected for a while that the days of the produce operation might be numbered. Construction is scheduled to begin soon on a new mixed residential-retail development a few blocks away, on the site of the old abandoned Farrell's Ice Cream Parlor. Rumor has it that the first-floor tenant will be
I'd be for it. As it turns out, both Portland and Multnomah County give up more income tax revenue to the state than they get back in money and services, and so paying the tax locally would keep more dollars in the area closest to home. And as I said during the Measure 28 debates, it's only a couple of hundred bucks a year or less for most people.
Last week, just before we all had our attention spans confiscated by the Columbia disaster, the White House released a
Leona Helmsley once went to jail for her belief that
The number of blogs written by Oregonians about their home turf continues to grow. A new one is 