Some legal experts said the mother's revelation that the girl herself willingly recites the pledge in class could cast doubts on the legitimacy of the case.
Courts can only hear cases in which there is an injured party, and if there is no injury there is no grounds for a case, said Rory Little, a Hastings College of the Law professor who follows the 9th Circuit.
The federal courts can't address anything unless it's a case of controversy," Little said. "You have to have injury."