insufficient to establish the existence of "actual, ongoing cases or controversies."(citations omitted).  Lewis v. Continental Bank Corporation, 494 U.S. 472, 477 (1990).  Likewise, Newdow's claim for declaratory relief must fail because has not established the likelihood of future injury. As discussed above, one can only speculate in 2001 as to the identity of the president to be elected in 2004; the identify of invited speakers at the 2005 inauguration; and the content of the speaker's address.  One can only speculate that President Bush, the person Newdow seeks to enjoin, will be the next president.
Newdow does not seek damages in this action, but does seek to recover his costs associated with bringing this action such as expert witness fees and attorney fees.  Complaint, Prayer, H III. Accordingly, he may argue that by incurring costs associated with commencing this litigation, he has suffered damage for the purpose of satisfying the requirement that he have a personal stake in the outcome of the litigation.  However, to have standing, "[t]he litigation must give the plaintiff some other benefit besides reimbursement of costs that are a byproduct of the litigation itself."  Steel Company v. Citizens for a Better Environment, 523 U.S. 83, 107 (1998).  Newdow's complaint fails to identify what tangible benefit he would receive through this litigation, and therefore fails to show a personal stake in the outcome. /// /// /// ///
10