Michael Newdow, who brought the original case against the Pledge of Allegiance, has filed a new lawsuit in California. In June 2004, the Supreme Court of the United States ruled that Michael Newdow lacked standing to file the lawsuit and dismissed the case. Four Justices did say that the Pledge of Allegiance was constitutional. Justice Sandra Day OConnor, in her opinion, specifically said that the Pledge was constitutional and reflects the religious history of America. With this new lawsuit being filed, our offices will be representing members of Congress to have the Pledge declared constitutional. The issue of standing will not be at play in this particular case because the individual plaintiffs bringing the action have legal custody of their children who are in public schools. Michael Newdow is representing the parents in the case.
At the same time, Michael Newdow has initiated a lawsuit against the Inaugural Prayer that is given at the conclusion of the Presidents swearing in. Our Office of Governmental Affairs in Washington, DC, is working on a brief that will be filed with the district court in that case by the end of this week. Im optimistic that the district court will rule in our favor and the prayer will not be interfered with.
We will have additional information available on our website, and we will keep you posted as the case develops.