Good news: It looks like the pledge of allegiance case is going to the Supreme Court. It may not turn out like we want, but it will be a good battle.

SAN FRANCISCO, Feb. 28 � 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 ANNOUNCING ITS decision, the 9th U.S. Circuit Court of Appeals said the request for a rehearing failed to persuade a majority of judges on the circuit, so the controversial June 2002 ruling by a three-judge panel stands. The court also said it would not accept any other petitions to reconsider.

The court also said it would be �wrongheaded� to allow public outcry to influence court decisions.

�We may not � we must not � allow public sentiment or outcry to guide our decisions,� Judge Stephen Reinhardt wrote in the 46-page opinion.
�It is particularly important that we understand the nature of our obligations and the strength of our constitutional principles in times of national crisis,� Reinhardt wrote. �It is then that our freedoms and our liberties are in the greatest peril.�

Pledge of Allegiance ban upheld