Brief to be Filed in National Motto Case; Supreme Court Rules on Assisted Suicide

This morning I authorized the completion of our brief to be filed soon with the U.S. District Court in Sacramento, California, concerning the challenge to the national motto.  Michael Newdow has filed a lawsuit alleging that the national motto is unconstitutional as violating church-state separation.  The national motto was adopted in 1956 by Congress.  The ACLJs position is that the use of our national motto, In God We Trust, is fully consistent with the Establishment Clause of the First Amendment.  The words of the motto echo the conviction held by the founders of this nation that our freedoms come from God.  Congress codified In God We Trust as our national motto for the express purpose of reaffirming Americas unique history and understanding of this truth, and to distinguish America from atheistic nations who recognize no higher authority than the state. 

Every court that has decided the issue has held that the national motto presents no Establishment Clause violation.  In fact, the Ninth Circuit has said that It is quite obvious that the national motto and the slogan on coinage and currency In God We Trust has nothing whatsoever to do with the establishment of religion.  Its use is of patriotic or ceremonial character and bears no true resemblance to a governmental sponsorship of a religious exercise.  Michael Newdow, who filed the litigation, brought in the U.S. Congress as a defendant; and we are representing 47 members of Congress who want to ensure that our national motto stays in place. 

We also received word this morning that the Supreme Court in a 6-3 decision ruled that Oregons assisted-suicide law was, in fact, constitutional.  Chief Justice Roberts, Justices Scalia and Thomas dissented from the opinion.  The majority opinion held that the Oregon law, which allowed prescribed narcotics to be used to end life, was within the states prerogative.  We asserted in our briefs that the Attorney General had the authority to make sure that legitimate narcotics were not used for illegitimate purposes like assisted suicide.  Unfortunately, the Court ruled 6-3 that the Attorney General lacked the authority to control the states use of these federally prescribed narcotics.