The Supreme Court and the pledge of allegiance: a hollow victory

In Elk Grove Unified School District v Newdow (Elk Grove),1 124 S. Ct. 2301 (2004). View all notes the Supreme Court, in an 8–0 judgment,2 Justice Scalia chose not to participate in the outcome since he criticized the Ninth Circuit's ruling before it reached the High Court. Elk Grove Unified Sch. Dist. v Newdow, 124 S. Ct. 384 (Mem) (2003). See also Mark Walsh, Scalia: Courts go too far on Church State, Education Week, 22 January 2003, p. 22; Houston Chronicle, Justice decries courts removal of God, 13 January 2003, p. 5. View all notes with three concurrences, upheld the words ‘under God’ in the Pledge of Allegiance. In light of the uproar caused by Elk Grove, this article is divided into three parts. After reviewing the history of the Pledge the second section examines the litigation involving the pledge, including Elk Grove in this regard. The article concludes with brief reflections on the meaning of Elk Grove.