The (Ninth Circuit) Song Remains the Same

Be honest, you knew this was coming. A federal judge in Sacramento has ruled, in a new lawsuit brought by atheist parents with no standing issues, that recitation of the Pledge of Allegiance in public schools violates the First Amendment of the Constitution. The judge's decision, which you can read here, basically holds that the court was still bound by the Ninth Circuit's constitutional analysis in the Newdow's original case. The Supreme Court, of course, punted on the major issue, instead holding that Newdow lacked standing to raise the claim. It was inevitable that the issue would make its way back to the Court fairly quickly, although it will be a different Court this time around.

There's a fairly interesting legal wonk dispute as to whether the Ninth Circuit's original decision in Newdow's case has any precedential value after the Supreme Court's punt. You can get a good feel for the issue over at The Volokh Conspiracy.