IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
) REV. DR. MICHAEL NEWDOW,      )
) Plaintiff,               )
) v.                        )     Case No. 1:02CV01704 (HHK)
) JAMES M. EAGEN, et al.,            )
) Defendants.         )
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THE CONGRESSIONAL DEFENDANTS' MOTION TO DISMISS
INTRODUCTION
In this pro se case, plaintiff Michael Newdow contends that the existence and public funding of the congressional chaplaincies violate the First Amendment to the Constitution and Article VI, despite the fact that the constitutionality of the House and Senate legislative chaplaincies has been conclusively settled by the United States Supreme Court and the D.C. Circuit en bane. Plaintiff, nonetheless, asks this Court for a ruling both "recognizing" controlling Supreme Court authority to be "overruled" by statements in judicial opinions allegedly inconsistent with that authority and enjoining defendants' from making any disbursements to the offices of the House or Senate chaplain. Plaintiff also seeks a declaration that opening legislative sessions with prayer violates the First Amendment; that the failure to elect an atheist as chaplain violates the Religious Test Clause, U.S. Const. art. VI, cl. 3, of the Constitution; and that
' The defendants are Jeri Thomson, Secretary of the Senate; Timothy Wineman, Financial Clerk of the Senate; James Eagen, Chief Administrative Officer of the House of Representatives;
Chris Baptiste, Payroll Supervisor of the House of Representatives; the Congress of the United States; and the United States of America. Undersigned counsel represent all defendants with the exception of the United States, which is represented by the Department of Justice.