The Pledge of Allegiance Lawsuit #1 (2000) |
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On June 14, 2004, the Supreme Court ruled 5-3 that Newdow didn't have standing to litigate due to "prudential" concerns. Armed with a new standing basis, he then joined with other plaintiffs in another lawsuit, which is currently in progress in the United States District Court for the Eastern District of California.
Once local counsel can be obtained, an additional lawsuit will be filed in the United States District Court for the District of New Hampshire. |
The Bush Inaugural Prayer Lawsuit #1 (2004) |
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On January 20, 2001 - at President Bush's first inauguration - two Christian ministers gave overtly Christian prayers. This is hardly consistent with the Supreme Court's statement that "the religious liberty protected by the Constitution is abridged when the State affirmatively sponsors the particular religious practice of prayer." On February 1, 2001, a lawsuit was filed to enjoin this practice. After the Defendants argued that Newdow shouldn't be granted standing because he only watched the inauguration on television in California, the lower court ruled that the practice did not violate the Constitution.
Newdow appealed. The Ninth Circuit Court of Appeals ruled that Newdow did not have standing.
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The Congressional Chaplain Lawsuit |
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In view of the Supreme Court's pronouncement that "the religious liberty protected by the Constitution is abridged when the State affirmatively sponsors the particular religious practice of prayer" - in addition to James Madison's unequivocal statement that the establishment of the chaplainship in Congress is "a palpable violation of equal rights, as well as of Constitutional principles" - Newdow filed a challenge to the use of taxpayer-funded congressional chaplains in August, 2002. The District Court for the District of Columbia deemed him to lack standing.
Newdow is now looking for a "proper" plaintiff, so that an end can be put to this clearly unconstitutional practice.
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The Bush Inaugural Prayer Lawsuit #2 (2005) |
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On December 17, 2004 - immediately after the Bush Presidential Inaugural Committee announced that it would have chaplains providing prayers at the upcoming inauguration - Newdow filed a lawsuit to enjoin that practice. A hearing regarding a preliminary injuction (PI) was held on January 13, 2005, and the motion for the PI was denied the next day. With incredible alacrity, the appeal of this denial was ruled upon by the Court of Appeals on January 16, and the Supreme Court issued its refusal to hear the case on January 19 ... one day before the inauguration. A final decision was issued by the District Court on September 14, 2005. In that decision, the judge denied relief on both standing and mootness grounds.
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