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thedrifter
06-14-04, 11:32 AM
U.S. Top Court Lets Schools Use `Under God' in Pledge (Update1)


June 14 (Bloomberg) -- Public school teachers can continue to lead recitations of the Pledge of Allegiance with the phrase ``under God,'' as the U.S. Supreme Court threw out a challenge to the practice by a California atheist.

The justices' 8-0 ruling came on Flag Day, 50 years after Congress added ``under God'' to the pledge. The court overturned a federal appeals court decision that said a California school district violated the U.S. Constitution's separation of church and state by requiring teachers to lead the pledge.

Five of the eight justices said California atheist Michael Newdow lacked the legal right to go to court to challenge daily recitations of the pledge at his daughter's school. Three other justices said the use of the pledge with the phrase ``under God'' is constitutional.

``The phrase `under God' in the pledge seems, as a historical matter, to sum up the attitude of the nation's leaders,'' Chief Justice William H. Rehnquist wrote for himself and Justice Sandra Day O'Connor. They and Justice Clarence Thomas voted to uphold the use of ``under God'' in the pledge as a constitutional matter, an issue that the majority of the court didn't reach.

The ruling may quell the firestorm that erupted after a June 2002 decision by the San Francisco-based 9th U.S. Circuit Court of Appeals. That decision drew near-universal condemnation from politicians in Washington. Forty-three states have laws either authorizing or requiring public schools to lead students in the Pledge of Allegiance.

Affirming Belief

Newdow contended the pledge contains an affirmation of belief in God and that daily recitation unconstitutionally interferes with his right to rear his daughter, a grammar school student in Sacramento, according to his beliefs. Newdow took the unusual step of arguing his own case to the high court in March.

The Bush administration defended the use of the ``one nation under God'' phrase, saying it acknowledged the role that faith has played in the formation of the country.

The Pledge of Allegiance was adopted by Congress in 1942 without the ``under God'' reference. A year later, the Supreme Court ruled that public schools can't force children to recite the pledge.

In 1954 Congress voted to add the reference to God, citing a need to ``deny the atheistic and materialistic concepts of communism.''

Justice Antonin Scalia didn't participate in the case. He removed himself after being quoted in media reports as criticizing the appeals court decision.

The case is Elk Grove Unified School District v. Newdow, 02- 1624.



To contact the reporter on this story:
Greg Stohr at gstohr@bloomberg.net.

To contact the editor of this story:
Glenn Hall at ghall@bloomberg.net.
Last Updated: June 14, 2004 10:59 EDT

http://quote.bloomberg.com/apps/news?pid=10000103&sid=aHQeypbprsuM&refer=us


Ellie

arzach
06-14-04, 11:38 AM
June 14, 2004

A Unanimous Supreme Court Vacates Ninth Circuit Court Of Appeals Decision Striking Down “Under God” In The Pledge Of Allegiance
WASHINGTON, D.C. – Today, the United States Supreme Court held, in a unanimous decision, that Michael Newdow, an atheist from California who had challenged the constitutionality of the words “Under God” in the pledge of allegiance, did not have standing to bring his case. The legal effect of the Supreme Court’s ruling is to vacate the Ninth Circuit Court of Appeals decision that struck the words “Under God” from the pledge. Liberty Counsel, a nationwide civil liberties legal defense and education organization headquartered in Orlando, Florida, filed an Amicus Brief at the United States Supreme Court in the case.

The Supreme Court decision held that Michael Newdow lacked standing to bring his case because he did not have the legal authority to speak on behalf of his daughter. Mr. Newdow is currently involved in a custody battle with his ex-wife. Justices Rehnquist, Thomas and O’Connor issued a concurring opinion agreeing that Mr. Newdow lacked standing, but also arguing that the phrase “Under God” in the pledge is constitutional.

The legal effect of the Supreme Court’s ruling is to vacate the Ninth Circuit’s earlier decision holding the pledge to be unconstitutional. After today’s ruling, it is as if Mr. Newdow had never brought his case in the courts. Prior to today’s ruling by the Supreme Court, schoolchildren in states covered by the Ninth Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington) were barred from saying the pledge of allegiance with the inclusion of the phrase “Under God.” Now, there is no prohibition against saying the entire pledge in those states.

Mathew Staver, President and General Counsel of Liberty Counsel, stated, “We are pleased that the effect of the Supreme Court’s decision is to uphold the constitutionality of the pledge of allegiance. Schoolchildren in states covered by the Ninth Circuit can now say the entire pledge of allegiance without fear of censorship.” Staver continued, “Justices Rehnquist, Thomas and O’Connor are correct that the pledge of allegiance is constitutional. Our history is not complete without God. If “under God” were removed, many history books and founding documents will be in jeopardy, not the least of which is the Declaration of Independence.”

###

The United States Supreme Court's Opinion will be posted on its web site later today. Read the brief filed by Liberty Counsel before the Supreme Court.


Liberty Counsel, headquartered in Orlando, Florida, is a national public interest law firm dedicated to advancing religious freedom, the sanctity of human life and the traditional family. On the campus of Liberty University School of Law in Lynchburg, Virginia, Liberty Counsel's Center for Constitutional Litigation and Policy trains attorneys, law students, policymakers, legislators, clergy and world leaders in constitutional principles and government policies.

Mathew D. Staver, Esq.
Liberty Counsel
PO Box 540774
Orlando, FL 32854
800-671-1776

DebSantos
06-14-04, 10:14 PM
Did You Know?


As you walk up the steps to the building which houses the U.S. Supreme Court you can see near the top of the building a row of the world's law givers and each one is facing one in the middle who is facing forward with a full frontal view ...
it is Moses and he is holding the Ten Commandments!








.



DID YOU KNOW?


As you enter the Supreme Court courtroom, the two huge oak doors have the Ten Commandments engraved on each lower portion of each door.








DID YOU KNOW?


As you sit inside the courtroom, you can see the wall,
right above where the Supreme Court judges sit, a display of the Ten Commandments!








DID YOU KNOW?


There are Bible verses etched in stone all over
the Federal Buildings and Monuments in Washington, D.C.



DID YOU KNOW?





James Madison, the fourth president, known as "The Father of Our Constitution" made the following statement:


"We have staked the whole of all our political institutions upon the capacity of mankind for self-government, upon the capacity of each and all of us to govern ourselves, to control ourselves, to sustain ourselves according to the Ten Commandments of God."




DID YOU KNOW?







Patrick Henry, that patriot and Founding Father of our country said:

"It cannot be emphasized too strongly or too often that this great nation was founded not by religionists but by Christians, not on religions but on the Gospel of Jesus Christ".




DID YOU KNOW?


Every session of Congress begins with a prayer by a paid preacher, whose salary has been paid by the taxpayer since 1777.


DID YOU KNOW?





Fifty-two of the 55 founders of the Constitution were members of the established orthodox churches in the colonies.


DID YOU KNOW?

Thomas Jefferson worried that the Courts would overstep their authority and instead of interpreting the law would begin making law ... an oligarchy ... the rule of few over many.




DID YOU KNOW?


The very first Supreme Court Justice, John Jay, said:



"Americans should select and prefer Christians as their rulers."




How, then, have we gotten to the point that everything we have done for 220 years in this country is now suddenly wrong and unconstitutional?

.

Please forward this to everyone you can. Lets put it around the world and let the world see and remember what this great country was built on.

Thank you!!




Chamber, US House of Representatives


oops I thought I put the pictures in too .



------ End of Forwarded Message

TracGunny
06-15-04, 08:10 AM
DebSantos:

Please see : http://www.snopes.com/politics/religion/capital.asp

and

http://www.supremecourtus.gov/about/courtbuilding.pdf

TracGunny
06-15-04, 08:13 AM
IMHO the U.S. Supreme Court wussed out and dodged committing to a final decision...

The wording in the Pledge will be back in front of the Court soon enough...

Super Dave
06-15-04, 12:00 PM
A couple of the justices did state in the opinion that even if he did have the right to speak for the child it was not a issue and would not win.

arzach
06-15-04, 12:22 PM
Originally posted by TracGunny
IMHO the U.S. Supreme Court wussed out and dodged committing to a final decision...

The wording in the Pledge will be back in front of the Court soon enough...


The Supreme Court decision held that Michael Newdow lacked standing to bring his case because he did not have the legal authority to speak on behalf of his daughter. Mr. Newdow is currently involved in a custody battle with his ex-wife. Justices Rehnquist, Thomas and O’Connor issued a concurring opinion agreeing that Mr. Newdow lacked standing, but also arguing that the phrase “Under God” in the pledge is constitutional.


Might not do any good Gunnz

TracGunny
06-15-04, 12:35 PM
Super Dave, arzach:

True, however, the ruling did not confirm either way concerning the wording. Three Justices may have said there is no issue but that leaves the other six...

I hear what you are saying, but I can't help that feeling we'll see this again... and soon...

http://wid.ap.org/documents/scotus/040614newdow.pdf

http://www.supremecourtus.gov/opinions/opinions.html

DebSantos
06-15-04, 10:37 PM
TracGunny , Thanks for the heads up on that one ! I love to read your post ! I thought I was one to do my research , Then I found you ! (LOL) Im going to have to start re- researching my research's.


ps. Ill be sure NOT to share this with some that I have already convinced!!! (hehe)