SAN FRANCISCO (AP) # A federal appeals court Friday rejected the Bush administration’s request to reconsider its decision that the Pledge of Allegiance is unconstitutional because of the phrase “under God.”
The ruling means the case could go to the Supreme Court. In Washington, a Justice Department spokesman said no decision has been made about whether to appeal the ruling there.
The 9th U.S. Circuit Court of Appeals said it would not accept any other petitions to reconsider last June’s ruling by a three-judge panel that the pledge is unconstitutional when recited in public classrooms.
Ruling on a lawsuit brought by Sacramento atheist Michael Newdow, the court panel decided 2-1 that Newdow’s daughter should not be subjected to the words “under God” at her public school.