Close, but not quite the Circuit breaker

Paul Clinton

NEWPORT-MESA -- Like many Americans, Rep. Chris Cox was stunned

Wednesday when he heard about a federal court’s decision to strike the

“under God” reference from the Pledge of Allegiance.

Unlike most, he was able to take to the floor of the House and deliver

a 60-minute legal dissertation on the decision.

And unlike even more, Cox, a Republican congressman who represents

Newport Beach, was ever-so-close to playing a role in the ruling.

A year ago, President Bush nominated Cox for one of the 28 judgeships

in the U.S. 9th Circuit Court of Appeals, which covers the country’s nine

Western states. Cox backed out after a well-chronicled battle with

California Sens. Barbara Boxer and Dianne Feinstein, who voiced

opposition to his appointment.

And so on Wednesday, Cox was just another observer when he heard the

news while sitting in his daily staff meeting and reading his daily dose

of Associated Press wire stories.

“I thought it was parody, when I first read the story,” Cox said. “It

was such a cleverly worded practical joke. Although, it turned out to be

serious.”

The federal panel ruled, on a 2-1 vote, that the “under God” phrase

should not be included in the pledge at public schools because it

infringes on the church-state separation. Complicating the story, the

judge who wrote the majority opinion on Thursday put the decision on

hold.

Also on Thursday, Cox aired his opposition to the ruling on CNN’s

Talkback Live.

And Dana Rohrabacher, who represents Costa Mesa, chimed in with his

own fiery speech on the House floor earlier Thursday.

“This is part of a larger effort by the liberal left to cut God out of

the soul of our country,” Rohrabacher said. “This is part of their

agenda. The people who believe in God need to wake up.”

Rohrabacher also said the decision signals the success of an

“aggressive, atheistic agenda.”

Cox and Rohrabacher had joined other congressmen on Wednesday in a

show of solidarity opposing the ruling by reciting the pledge on the

steps of the Capitol.

The 9th Circuit, based in Sacramento, is known as a liberal court. It

has also gained a reputation as a court with the most decisions

overturned by the U.S. Supreme Court.

During the 1994-95 term, more conservative judges with the highest

court in the land turned away 10 of 13 rulings from the 9th Circuit.

* Paul Clinton covers the environment, John Wayne Airport and

politics. He may be reached at (949) 764-4330 or by e-mail ato7

paul.clinton@latimes.comf7 .