According to AP, the who sued on behalf of his daughter in California to have the Pledge of Allegiance declared unconsititutional does not have custody of his daughter.

"Banning never married Michael Newdow, the third-grader's father and the atheist behind the pledge lawsuit. She has full custody of the girl, which Newdow is challenging in court." (Via Best of the Web)

If that's the case, then where does he get the authority to file suit on her behalf? Doesn't he lack standing or something like that? Seems to me that this would be a perfect excuse for the Ninth Circuit to use to backtrack, should they desire to do so.