Pledge litigation returns
Yesterday a U.S district court rejected a motion to dismiss Michael Newdow’s recent case seeking to remove the phrase “under God” from the Pledge of Allegiance. Judge Lawrence Karlton’s ruling is now available online via FindLaw. The judge granted legal standing to two families represented by Michael Newdow. Newdow is an atheist who unsuccessfully challenged the constitutionality of the Pledge last year before the US Supreme Court, which dismissed his suit for lack of standing without passing on the merits of the constitutionality issue. The Supreme Court held the divorced Newdow could not sue on behalf of his daughter because he did not have sufficient custody to qualify as her legal representative.
This Reuters story on today’s order is headlined, “Court says flag pledge violates U.S. Constitution.” The Los Angeles Times reports, “Pledge of Allegiance in Public Schools Ruled Unconstitutional.” Michael Newdow’s website offers materials on the latest case, including the amended complaint (pdf).
