An excerpt from
SCOTUSblog's highly derisive commentary on the 4th Circuit's opinions:
It is impossible to get into the real motivations of the Fourth Circuit judges in writing their opinions in this case. But they no doubt were aware of the firestorm of criticism that arose after the Ninth Circuit had ruled the Pledge, as written, invalid when recited by public school students (a decision set aside by the Supreme Court's Newdow ruling). It would hardly be surprising if there was some hesitancy to kindle those still-hot embers. The federal courts now know, even more than they could see at the time of the reaction to the Ninth Circuit, how much trouble their substantive decisions on deeply controversial social issues can cause in Congress, the White House, and American politics.