With the failure of the gay marriage amendment and the flag-burning amendment, Republicans in Congress are in a bind: how can they show their constituency in the Religious Right that they care deeply about institutionalizing Christianity and making patriotism mandatory? And during an election year, nonetheless! Not even the Severed Head of Mussolini could think of a way out of this -- and we know that he's been consulted, as he lives in a safe in Dick Cheney's office.

The answer has come in the form of H.R. 2389, a bill that would prohibit federal courts from ruling on the issue of whether or not "under God" belongs in the Pledge of Allegiance. Congress' authority to limit what cases federal courts can hear comes from its power to establish courts as provided in Art. III § 1 of the Constitution. Art. III § 2 allows Congress to specify the Supreme Court's appellate jurisdiction.

Ah, yes! That's the posturing I was looking for! With any luck, the bill will be passed and the Religious Right will finally be appeased! And there's no way the courts can do anything about it! Except the D.C. Circuit Court, which was specifically exempted from this prohibition.

Oh, and guess what? This isn't just a proposed bill. This bill passed the House yesterday, 260-167, along mostly party lines. Now it's on to the Senate!