9th batter is....
The 9th Circuit is back at it:
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."
History Lesson, Supreme Court is created in Article III(not by the Judiciary Act of 1789 if you are from Court TV), the rest of the Courts are up to the authority of Congress. So this can almost gurantee that the splitting of the 9th is almost certain.