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Elk Grove Unified School District v. Newdow

Docket No.: 02-1624
Argued: March 24, 2004
Decided: June 14, 2004

Topics:

Judicial Power, Standing to Sue, Administrative Procedure, Article I, Bill of Rights, Bureau of Land Management, EPA, Establishment Clause, First Amendment, Fourteenth Amendment, Free Exercise, Free Exercise of Religion, Necessary and Proper, judicial review, preliminary injunction, privacy, public schools, separation of church and state, separation of powers, taxpayer standing

PartyNames: Elk Grove Unified School District and David W. Gordon, Superintendent v. Michael A. Newdow, et al.
Petitioner: Elk Grove Unified School District and David W. Gordon, Superintendent
Respondent: Michael A. Newdow, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 292 F.3d 597. QUESTIONS PRESENTED: 1) Whether the policy of Petitioner ELK GROVE UNIFIED SCHOOL DISTRICTthat requires teachers to lead wil ling students in reciting the Pledge of Allegiance, which includes the words "under God," violates the establishmentclause of the First Amendment to the United States Constitution?
Supreme Court Docket

Elk Grove Unified School District and David W. Gordon, Superintendent
v.
Michael A. Newdow, et al.
542 U.S. 1 (2004)
Background:

: 1) Whether the policy of Petitioner ELK GROVE UNIFIED SCHOOL DISTRICTthat requires teachers to lead wil ling students in reciting the Pledge of Allegiance, which includes the words "under God," violates the establishmentclause of the First Amendment to the United States Constitution? 2) Whether a non-custodial parent of a minor child has standing in federal court to challenge the policies of a public school district that require teachersto lead willing students in reciting the Pledge that includes the words "under God," when the non- custodial parent does not have legal authority to direct either the education or the religious education of the child? CERT. GRANTED: 10/14/03J. Scalia took no part. Limited to the following Questions:

Consideration Limited:

Limited to the following Questions: 1. Whether respondent has standing to challenge as unconstitutional a publicschool district policy that requires teac hers to lead willing students in reciting the Pledge of Allegiance. 2. Whether a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance, which includes the words "under God," violates the Establishment Clause of the First Amendment, asapplicable through the Fourteenth Amendment.

Question Presented:

1. Whether respondent has standing to challenge as unconstitutional a publicschool district policy that requires teac hers to lead willing students in reciting the Pledge of Allegiance. 2. Whether a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance, which includes the words "under God," violates the Establishment Clause of the First Amendment, asapplicable through the Fourteenth Amendment.

Question:

Does Michael Newdow have standing to challenge as unconstitutional a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance? Does a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance, which includes the words "under God," violate the Establishment Clause of the First Amendment?

Note:

. CA 9, 292 F.3d 597.

Elk Grove Unified School District v. Newdow
ORAL ARGUMENT

March 24, 2004

Holding: reversed
Decision: Decision: 8 votes for Elk Grove Unified School District, 0 vote(s) against
Vote: 8-0
Recused: J.,
Opinion By:
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