It really is a non-issue. So what if a judge declares the Pledge unconstitutional - it has absolutely no bearing on matters in the nation. The pledge is not a requirment of citizenship imposed on us by the government.

If a school wants to say the pledge of alligence - so what. If a school doesn't want their students to say the pledge of alligence - so what.

1) The founding fathers would of laughed this off. Many of the founding fathers would of scoffed at the idea of a pledge of allegience.

2) Schools for the most part are managed by the county or school district - not by a Federal Mandated system. What each school does or doesn't do is actually more around what the state requires of it - then Federal oversite. This seems to be more of someone wanting to make a Federal Issue of something that is really only a local issue.

3) If your school district wants you to say the pledge in class and you don't want to say it - then its unconsitutional. However if the school recites the pledge and gives you the option to say it or not - then its really not unconstitutional by the standards of the constitution as it is written.

4) Seperation of church and state is not written in the consitution its based upon writtings of Thomas Jefferson - one of the main contributors to the drafting but not the sole one. The constitution only states what it does in the 1st Amendment - in the freedom of speech - freedom of religion statements made. Varying interpations are available - however most that say its unconstitutional are really not refering to the constitution itself - but to papers and letters written by Thomas Jefferson only.

5) Again the pledge would only be unconstitutional if your forced to say it.