“…25 The three-judge panel recognized that lower courts ordinarily apply Supreme Court precedents until the Court itself overrules them, 26 "Under such circumstances and believing, as we do, that the flag salute here required is violative of religious liberty when required of persons holding the religious views of plaintiffs," wrote Judge Parker, "we feel that we would be recreant to our duty as judges, if through a blind following of a decision which the Supreme Court itself has thus impaired as an authority, we should deny protection to rights which we regard as among the most sacred of those protected by constitutional guaranties." 28 Gobitis dissenter Justice Stone and the two newest members of the Court, Justices Robert H. Jackson and Wiley B. Rutledge, Jr., seemed poised to join the Opelika trio and overrule the earlier decision. Jackson's distaste for Gobitis was known within the Roosevelt administration while he was U.S. Attorney General before his appointment to the Court in 1941.…”