Dangerous article, sad so many aren't seeing your point. But you're right. Given the current standing SC rulings the 9th was right. The bad part of a system based on jurisprudence is one bad decision makes more. We all know the original seperation decisions by SCOTUS were wrong, but since they're still standing the 9th was right. . The good news is this thing is garaunteed to go to SCOTUS now and here's a good chance for them to actually reverse those bad decisions from before. But it's gonna be ugly. 2 generations have been raised to believe something blatantly untrue about the Constitution and they're gonna freak if SCOTUS rules properly on this case when it goes before them.
Thanks. I'm still waiting for arguments in support of the Pledge staying in there based on the law, and not "tradition." I'm not so certain this will make it to the SC, though. When a judge stays his own decision the day after he writes it -- has
any sane judge done that -- that bodes poorly for its survival. This will probably get back to the full 9th Circuit for review, and I'd give it a good chance for reversal.
Unfortunately, I think we'll be stuck with a poor interpretation of the Establishment clause for quite some time.