There is currently a bill making it’s way through the house that would remove the jurisdiction over the Pledge of Allegiance from the Federal court system.
Amends the Federal judicial code to deny jurisdiction to any Federal court, and appellate jurisdiction to the Supreme Court, to hear or decide any question pertaining to the interpretation of the Pledge of Allegiance or its validity under the Constitution.
Can I ask what the point is? Even if the federal courts keep their noses out of it, each and every state will have to fight legal battles over whether the pledge can be used in the schools. And you can bet that there are plenty of activist groups out there that are willing to fight the pledge 50 times.
I see two sides to this. On the one side, the states are supposed to be in charge of the school systems, so it makes sense that they would be in charge of whether the pledge is used or not. However, on the other side, the pledge is a pledge to the United States, not the State of North Dakota. So who should really have jurisdiction? How bout the parents. How about we don’t let one detractor make the policies for us any more? Put it to a vote. If the citizens of a State wish the schools to use the pledge of allegiance, then it’s in.
You can read more on HR 2389 at congress.org.