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Newdow needs to bone up a little bit on the nature of currency in America today. Contrary to what most people believe, "Federal Reserve Notes" aren't actually "Federal" in any real sense, in that they are actually monetized through the Federal Reserve System, which is a privately owned corporation. If the U.S. government were still producing "U.S. Notes", (last printed shortly before the death of President Kennedy - and stopped as LBJ's first executive order upon assuming the office), they might have some kind of case, but I think they are going to have a hard time with this particular lawsuit.

Coinage is monetized through the U.S. government, so they might have some kind of hat to hang their suit on, but I'm not sure that they went that far. Details to date have been sketchy.

If you will recall the two seemingly inconsistent 10 Commandments cases from last term, Justice Kennedy was the swing vote in each case. In one case he said that it was constitutionally impermissible to have the 10 Commandments posted inside of a building in Texas, but it was ok to have them posted outside of another building in Kentucky (Or was the inside the building case from Kentucky and the outside case from Texas? No matter.). In any event, Kennedy's opinion turned to a very large extent on how long the complained about actions had been going on. In one case, it had been going on for about 35 years before someone complained about it and the Court said that was ok, but in the other case, the plaintiff complained pretty quickly.

I suspect that Kennedy was looking down the road towards the Pledge of Allegiance and this sort of stuff that has been in place for many, many, years and giving future courts a place to hang their hats. As a result, it is a good bet that "In God We Trust" on our money, "under God" in the Pledge of Allegiance, and "God save the State and this Honorable Court" in opening of court sessions are on safe ground.