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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