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Elk Grove Unified School Dist. v. Newdow (docket #: 02-1624) (2004)  [Findlaw]

Secondary Link Elk Grove Unified School Dist. v. Newdow  [Legal Information Institute]
Argument Date 03/24/2004
Supreme Court Vote 8-0
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.
Supreme Court Ruling First Amendment issues not reached. Case dismissed for lack of standing.
 
Issue1. 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.
 
Case Summary & Additional Resources
Majority Opinion Stevens, J. (ruling on standing, not on merits) (Scalia, J., not participating)
Concurring Opinion Rehnquist, C.J. (concurring in the judgment); O'Connor, J. (concurring in the judgment), & Thomas, J. (concurring in the judgment)
Certiorari Granted 10/14/2003
Lower Court 9th Circuit
Lower Court Ruling First-Amendment claim sustained (affirmed by 9th Cir. en banc)
Oral Arguments official transcript
Lawyers
For Petitioner
Terence J. Cassidy

For Respondent
Michael Newdow

For United States
Solicitor General Theodore Olson

Briefs
For Petitioner
Brief on Behalf of Elk Grove (re Cert. Petit.)

Brief on behallf of Elk Grove (main brief)

Petitioner's Reply Brief (re Cert. Petit.)

Reply brief on behalf of Elk Grove (merits)

For Respondent
Brief on behalf of Michael Newdow (merits)

Michael Newdow, Suggestion for Recusal of Justice Scalia

For United States
Brief on behalf of U.S. (merits)

Reply brief on behalf of US (merits)

For Amicus
List of Amicus Briefs (FindLaw)

U.S. Senators Allen, Brownback, et al., and U.S. Reps Aderholt, Akin, et al. (supporting Petitioners)

U.S. Senators Cornyn, Kyl, Graham, Craig, Chambliss, et al. (supporting Petitioners)

News Stories & Commentary
AP, "High court: Atheist can't challenge 'God' in Pledge" (6-14-2004)

9th Circuit stays Pledge of Allegiance ruling

9th Circuit won't reconsider 'under God' ruling

AP, "Does it matter whether 'under God' remains in pledge? " (3-12-04)

AP, "Poll: Keep 'under God' in Pledge of Allegiance" (3-24-03)

AP, "Public maelstrom over Pledge has roots in private battle" (3-23-04)

AP, "Supreme Court takes up Pledge case" (3-25-03)

AP, "Supreme Court takes up Pledge of Allegiance fight"

Attorneys general urge court to reconsider Pledge ruling

Bush asks Supreme Court to preserve 'under God' in pledge

Charles Haynes, "The Pledge at the Court: Is 'under God' religious?" (3-28-04)

Cliatt, Cass, "Pledge Won't Affect Illinois; Expert Predicts Rededication to Pledge After Court's Ban," Chicago Daily Herald, June 27, 2002, P. 1
Constitutional crossroads: Where 'under God' meets 'justice for all' By Ken Paulson

Ethicists don't see Scalia sitting out most church-state cases

Federal appeals panel's Pledge decision draws fiery criticism

House condemns appeals court over Pledge of Allegiance ruling

Judges surprised by furor over Pledge decision

Justice Scalia asked to recuse himself

Ken Paulson. "Two words separate sides in Pledge of Allegiance battle"

Pledge of Allegiance history

Pledge of Allegiance ruling put on hold

The pledge flap: Let's brush up our civics by Charles Haynes

'Under God' embraced in court of public opinion

Tony Mauro Analysis
"California atheist fails to in quest to topple Pledge" (6-14-2004)

"Atheist's stellar performance may not translate into win" (3-25-04)

Justices take on high-profile First Amendment cases

Legal Times, The Man Behind the Pledge Case

Opinion - Lower Court
Newdow v. The Congress of the United States (Dist. Ct., . E-Ca., 2000)

Newdow v. The Congress of the United States (Dist. Ct., E-Ca, 2000) (findings)

Newdow v. US Congress (9th Cir., 2003)

Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.) (2006), pp. 86-87, 1226-1227
FAQ: Does the federal appeals court decision in Newdow v. U.S. Congress mean the Pledge of Allegiance is now banned in all public schools?

Free Expression Policy Project Overview

Gey, Steven G. RELIGION AND THE STATE (2nd Ed.) (2006), pp. 47-51, 454-468
Overview: Pledge of Allegiance, by James D. McWilliams

Sekulow, Jay Allan, WITNESSING THEIR FAITH: RELIGIOUS INFLUENCE ON SUPREME COURT JUSTICES AND THEIR OPINIONS (2006), pp. 311-317
Books
Irons, Peter, "The Pledge of Allegiance Case from Elk Grove, California," GOD ON TRIAL (2007), pp. 234-280
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