1	I. INTRODUCTION
2	Plaintiff Michael Newdow has brought this action against
3	George W. Bush, President of the United States. Newdow seeks a
4	declaration that President Bush violated the Establishment Clause
5	of the First Amendment when he permitted the Reverend Franklin
6	Graham to say a prayer at the inauguration on January 20, 2001.
7	Newdow also seeks to enjoin the President from repeating this "or
8	engaging in similar religious acts" and seeks to recover his
9	costs, expert witness fees, and attorney fees. Newdow does not
10	seek to recover any damages.
11	The district court granted President Bush's motion to
12	dismiss to the extent plaintiff complains about permitting a
13	chaplain or the President to say a prayer at the January 2001
14	inauguration. The court expressly reserved ruling on the
15	question of whether the specific prayer recited at the
16	inauguration violated the Establishment Clause because it
17	contained references to Jesus Christ.
18	Defendant President Bush now moves for summary judgment on
19	various grounds. First, President Bush again contends that this
20	court lacks subject matter jurisdiction over this action because
21	it is not a case or controversy under Article III, § 2 of the
22	U.S. Constitution. Second, summary judgment should be granted
23	because plaintiff, a devout atheist, lacks standing to assert the
24	rights of theistic non-Christians who may support religious
25	references in an inaugural prayer, even if they object to overtly
26	Christian prayers. Third, the unique historical circumstances
27	surrounding inaugural prayers supports the conclusion that the
28	drafters of the First Amendment did not intend to prohibit
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