This just in…

(09-14) 10:59 PDT San Francisco (AP) –

A federal judge has declared it unconstitutional to recite the Pledge of Allegiance in public schools.

Quick political analysis from Ankle Biting Pundits:

The lefties in the Senate and the groups against Roberts have to be PO’ed. This news is going to overshadow their other messages against Roberts – and now they’re going to have to play defense because you know this is going to be the 1st question that they are asked about.

You know these kooks agree with the decision, but they can’t say that.

This also bodes well for President Bush picking a very conservative replacement for O’Conn[o]r. If he’s got a short list he should make his selection quick while the iron is hot and it will be much harder for the loons to say his judicial choice is “out of the mainstream”.

We’ll have more on this later…

Howard Bashman: Here we go again.

More details:

U.S. District Judge Lawrence Karlton ruled that the pledge’s reference to one nation “under God” violates school children’s right to be “free from a coercive requirement to affirm God.”

Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.

The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of.

Newdow, an attorney and a medical doctor, filed an identical case on behalf of three unnamed parents and their children. Karlton said those families have the right to sue.

Karlton, ruling in Sacramento, said he would sign a restraining order preventing the recitation of the pledge at the Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts, where the plaintiffs’ children attend.

The decision sets up another showdown over the pledge in schools.

The Becket Fund, a religious rights group that is a party to the case, said it would immediately appeal the case to the San Francisco-based 9th U.S. Circuit Court of Appeals. If the court does not change its precedent, the group would go to the Supreme Court.

“It’s a way to get this issue to the Supreme Court for a final decision to be made,” said fund attorney Jared Leland.

Newdow, reached at his home, was not immediately prepared to comment.

The Becket Fund statement:

Today the U.S. District Court for the Eastern District of California ruled that reciting “under God” in the Pledge of Allegiance is unconstitutional. Unless the 9th Circuit Court reverses this decision, it will be illegal for schoolchildren to mention God when reciting the Pledge.

“To protect the right for every child to recite the Pledge, we will immediately appeal this decision to the 9th Circuit,” declared Derek L. Gaubatz, Esq., Director of Litigation for The Becket Fund for Religious Liberty who is challenging Michael Newdow in his attempt to remove “under God” from the Pledge.

Background from the Becket Fund.

Background on Judge Karlton from ABP. Bill Crawford has more.

Clayton Cramer on the pledge suit and soap opera.

Hugh Hewitt thinks President Bush should use the pledge ruling as SCOTUS nomination opportunity for Judge Michael McConnell.

La Shawn Barber’s solution: Homeschool.

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