Also this week at the high court, the California father who wants the words "under God" removed from the Pledge of Allegiance asked Justice Antonin Scalia to stay out of the case because of public remarks made earlier this year at a religious event.
Michael Newdow, a Sacramento doctor and atheist, said in a court filing that Scalia violated conduct rules that prevent judges from discussing the merits of cases, and that there are questions about his impartiality. The court is expected to consider whether to hear appeals involving the pledge during a closed-door session on Sept. 29.
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