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Circuit Judge Ferdinand F. Fernandez, a member of the 9th U.S. Circuit Court of Appeals, is seen in an undated file photo. Fernandez was the dissenting judge Wednesday, June 26, 2002, in a 2-1 decision by the 9th U.S. Circuit Court of Appeals in Los Angeles, Calif. that declared for the first time that reciting the Pledge of Allegiance in public schools is unconstitutional because of the words ``under God'' inserted by Congress in 1954. The ruling, if allowed to stand, would mean schoolchildren could no longer recite the pledge, at least in the nine Western states covered by the court.
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