The Supreme Court says: Viva la Ganja!. Also, in the upcoming "under god" case, Scalia says "[nothing because he recused himself due to his own impartiality]".

Scalia offered no public explanation; justices customarily do not specify reasons for recusing.

But Michael A. Newdow, the atheist opponent of the pledge who is acting as his own lawyer, filed papers Sept. 9 with the Supreme Court, asking Scalia to bow out because the justice had spoken critically of the 9th Circuit ruling at a Religious Freedom Day event Jan. 12 in Fredericksburg.

On that occasion, Scalia cited the 9th Circuit decision as an example of what he considered mistaken attempts to "exclude God from the public forums and from political life."

Newdow, of California, argued that this violated the code of conduct for United States judges, which says that "a judge should avoid public comment on the merits of a pending or impending action."