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July 19, 2006
 
Abercrombie statement on court-stripping bill 
 

Washington, DC -- Congressman Neil Abercrombie issued the following statement after voting against the court-stripping bill (H.R. 2389, the so-called “Pledge Protection Act”) passed by the House of Representatives today:

"I believe that the Pledge of Allegiance - including the phrase ‘one nation, under God’ – is fully consistent with the Constitution and that the September 2005 decision to the contrary by the United States District Court in Sacramento is misguided. 


"Yet, today the Republican Congressional leadership chose to use this obscure decision as the occasion for a political stunt.  With so many truly serious issues facing the nation, the GOP prefers to spend its time prosecuting an extremist fringe crusade against the Federal courts. The legislation would bar any federal court - including the Supreme Court - from reviewing any claim that challenges the recitation of the pledge on First Amendment grounds.  The bill has nothing to do with the Pledge of Allegiance and everything to do with the Republican Party’s growing worries about its chances in this year’s elections.

 

"This bill is unnecessary and unconstitutional. It would contradict the two-century old principle of judicial review; intrude on the principle of separation of powers; degrade the federal judiciary’s independence; and set a dangerous precedent. If this end-run around judicial review becomes law, what's next? No judicial review of laws restricting freedom of speech or religion?  Of laws affecting the right to vote?”

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