UCLA Law Prof., and hopeless libertarian, Eugene Volokh finds the 9th Circuit's decision in the Pledge of Allegiance case to be a "perfectly plausible application" of Supreme Court precedence. Talk about giving yourself some wiggle room! Volokh's choice of words here suggests to me that he actually has no problem with the 9th Circuit's decision, even though it provides a perfect example of judicial activism (which, I presume, Volokh opposes given his longtime membership in the Federalist Society). C.Y.A. Euge, C.Y.A.