THIS IS NOT A JOKE: Michael Dukakis' fantasy has finally come true.
UPDATE: Eugene Volokh defends the 9th Circuit's reasoning, but predicts it will probably be struck down nonetheless by the Supreme Court.
ANOTHER UPDATE: Walter Dellinger half-jokingly points out the ramifications of the decision:
Article VII of the Constitution itself—which makes the document operative as a proposal for ratification—concludes "done in Convention … the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven … ." If "Year of Our Lord," like "under God," can make something unconstitutional, then the Constitution itself is unconstitutional and the court's decision a nullity. In fact, without the Constitution, the 9th Circuit doesn't legally exist.