Elaborates on the argument advanced by Nashville, Tennessee-based lawyer David A. Toy on the Ninth Circuit's decision in Newdow versus U.S. Congress. Ruling by the court that the school district policy of requiring teacher-led recitation of the Pledge of Allegiance in public schools violates the Establishment Clause; Constitutionality of the words under God in the pledge; Contention by Toy that substantive grounds require a reversal of the court's ruling.