I'm not sure if there are any active cases regarding this issue, and I'd be willing to bet it's thanks to a certain level of apathy towards the subject from a sizable portion of the population. The thought that "Oh, it's not hurting anything for it to be there.", or some such. Personally, I'd love to see "E Pluribus Unum" be reinstated as the national motto, and "under God" to be pulled from the pledge, but I just don't see it taking place unless a concerted effort is made to get it done.