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| | | Elk Grove Unified School Dist. v. Newdow (docket #: 02-1624) (2004)
[Findlaw]
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Secondary Link
| Elk Grove Unified School Dist. v. Newdow
[Legal Information Institute]
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Argument Date
| 03/24/2004 |
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Supreme Court Vote
| 8-0 |
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Note
| A 5-member majority of an 8-member Court did not reach the First Amendment merits of the case but disposed of it instead on prudential standing grounds. |
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Supreme Court Ruling
| First Amendment issues not reached. Case dismissed for lack of standing. |
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| | | Issue | 1. Whether respondent has standing to challenge as unconstitutional a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance. 2. Whether a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance, which includes the words "under God," violates the Establishment Clause. | |
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Majority Opinion
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Stevens, J. (ruling on standing, not on merits) (Scalia, J., not participating) |
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Concurring Opinion
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Rehnquist, C.J. (concurring in the judgment); O'Connor, J. (concurring in the judgment), & Thomas, J. (concurring in the judgment) |
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Certiorari Granted
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10/14/2003 |
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Lower Court
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9th Circuit |
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Lower Court Ruling
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First-Amendment claim sustained (affirmed by 9th Cir. en banc) |
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Oral Arguments
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official transcript
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| Lawyers |
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| Briefs |
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| News Stories & Commentary |
Cliatt, Cass, "Pledge Won't Affect Illinois; Expert Predicts Rededication to Pledge After Court's Ban," Chicago Daily Herald, June 27, 2002, P. 1
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| Tony Mauro Analysis |
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| Opinion - Lower Court |
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| Other |
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.) (2006), pp. 86-87, 1226-1227
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Gey, Steven G. RELIGION AND THE STATE (2nd Ed.) (2006), pp. 47-51, 454-468
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Sekulow, Jay Allan, WITNESSING THEIR FAITH: RELIGIOUS INFLUENCE ON SUPREME COURT JUSTICES AND THEIR OPINIONS (2006), pp. 311-317
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| Books |
Irons, Peter, "The Pledge of Allegiance Case from Elk Grove, California," GOD ON TRIAL (2007), pp. 234-280
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