President Bush moves to dismiss Newdow's complaint on the ground that this court lacks subject matter jurisdiction over this action because it is not a case or controversy under Article III, § 2 of the U.S. Constitution and because it fails to state a claim for which relief can be granted.
II.  STATEMENT OF FACTS
During the inaugural ceremonies on January 20, 2001, the Reverend Franklin Graham said a prayer.  Complaint, Hf 10-11. The prayer referred to Jesus Christ and therefore "excluded" theistic non-Christians.  Complaint, ^ 15.  Newdow alleges he watched the inauguration on television. Complaint 1 28, presumably from his home in California. Newdow alleges that the recitation of this prayer at a government ceremony such as the inauguration violates the Establishment Clause of the First Amendment to the Constitution.  Complaint, Hf 12-26.
III.  SUMMARY OF ARGUMENT
Plaintiff Newdow suffered no concrete, particularized injury when he watched the Rev. Graham say a prayer at President Bush's inauguration on January 20, 2001.  In addition, the recitation of a prayer at the inauguration of the President of the United States is part of the "fabric of our society" and does not violate the Establishment Clause of the First Amendment.
IV.  ARGUMENT A.   Standard for ruling on motion to dismiss.
In ruling on a motion to dismiss, the court must accept as true the material facts alleged in the complaint (Hospital Bidg. Co. v. Rex Hospital Trustees, 425 U.S. 738, 740 (1976)); construe the pleading in the light most favorable to the party opposing
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