In Pledge Case, Passing the Test:

'Do we know what the vote was in Congress . . . to adopt the 'under God' phrase?' Rehnquist asked, feigning ignorance of the fact that it passed unopposed in 1954.
When Newdow acknowledged as much, the chief justice pounced: 'Well, that doesn't sound divisive.'

But Newdow would not be ambushed. 'That's only because no atheist can get elected to public office,' he countered, evoking spontaneous laughter and a sound rarely, if ever, heard at oral argument in Rehnquist's tightly run courtroom -- applause.

That's all very well, but this is an issue that the Democrats are going to run even faster away from than gay marriage. According to CNN,

A new poll shows that Americans overwhelmingly support the reference to God. Almost nine in 10 people said the reference to God belongs in the pledge despite constitutional questions about the separation of church and state, according to an Associated Press poll.

Karl Rove will be happy with this case.