The Ninth Circuit's recent decision in Cole v. Oroville Union High School District, 228 F.3d 1092 (9th Cir. 2000) is directly on point and must be followed here.  In Cole high school students, parents, and others sued school officials after one student was barred from giving a sectarian, proselytizing valedictory speech, and another was barred from giving a sectarian invocation at their high school graduation.  Judge Karlton granted defendant's summary judgment in part because he concluded that certain of the plaintiffs lacked standing. Cole, at 1097.  On appeal, those plaintiff, who consisted of other students, parents of Oroville students, and others likely to attend future graduations, argued that they had standing to bring a claim to enjoin the school from prohibiting sectarian speeches and prayers at graduation.  The Ninth Circuit rejected this argument stating:
[T]he likelihood that they will suffer a future injury depends on the highly speculative assumption that a student seeking to give a sectarian speech or prayer will be chosen as valedictorian or salutatorian, or will be elected by classmates to deliver an invocation.  This threat of injury is neither real nor immediate.
Id., at 1100.
Similarly, Newdow's request for an injunction prohibiting President Bush from "repeating this [permitting a prayer at the next inauguration] or engaging in any similar religious acts"2 rests on the highly speculative assumption that defendant Bush will be reelected in 2004.  Despite his very high ratings in
2  See Prayer for Relief, p. 7 of the Complaint. 8