Pledge Protection Act. This bill (H.R. 2028) would counter judicial activism by reining in the federal courts as opposed to amending the Constitution. H.R. 2028 states: "No court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide any question pertaining to the interpretation of, or the validity under the Constitution of, the Pledge of Allegiance … or its recitation." This legislation would prevent the federal courts from ruling that the phrase "under God" in the Pledge of Allegiance is unconstitutional.
The House passed H.R. 2028 on September 23, 2004 by a vote of 247 to 173 (Roll Call 467). We have assigned pluses to the yeas because H.R. 2028 would protect the Pledge of Allegiance from federal court activism.
