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Washington-Sometimes even when you’re right, you’re wrong. And that’s likely to be the fate of the 9th U.S. Circuit Court of Appeals when the U.S. Supreme Court finishes its review of the constitutionality of the pledge of allegiance. Despite the outrage following the 9th Circuit’s decision, an overwhelming majority of constitutional scholars in an informal survey by The National Law Journal says that the court got the law right but will still be reversed. The justices will hear arguments this week in the pledge case- Elk Grove Unified School District v. Newdow, No. 02-1624-which asks whether a public school district’s policy requiring teachers to lead students in reciting the Pledge of Allegiance with the phrase “under God” violates the First Amendment’s establishment clause. The 9th Circuit answered yes.

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