FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL A. NEWDOW,
Plaintiff-Appellant,
v.
US CONGRESS; UNITED STATES OF No. 00-16423
AMERICA; WILLIAM JEFFERSON D.C. No.
CLINTON, President of the United
States; STATE OF CALIFORNIA; ELK CV-00-00495-
MLS/PAN
GROVE UNIFIED SCHOOL DISTRICT;
DAVID W. GORDON, Superintendent OPINION
EGUSD; SACRAMENTO CITY
UNIFIED SCHOOL DISTRICT; JIM
SWEENEY, Superintendent SCUSD,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Edward J. Schwartz, Senior Judge, Presiding
Argued and Submitted
March 14, 2002--San Francisco, California
Filed June 26, 2002
Before: Alfred T. Goodwin, Stephen Reinhardt and
Ferdinand F. Fernandez, Circuit Judges
Opinion by Judge Goodwin,
Partial Concurrence and Partial Dissent by Judge Fernandez
9105
NEWDOW v. U.S. CONGRESS 9109
SNIPPETS:
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
EGUSD; SACRAMENTO CITY UNIFIED SCHOOL DISTRICT; JIM
March 14, 2002--San Francisco, California
Opinion by Judge Goodwin,
Partial Concurrence and Partial Dissent by Judge Fernandez
Michael Newdow, Pro Se, Sacramento, California, the plaintiff-appellant.
Newdow argues that the addition of these words by a 1954 federal statute to the previous
In accordance with state law and a school district rule, EGUSD teachers begin each school day
On June 22, 1942, Congress first codified the Pledge as "I pledge allegiance to the flag of
The school districts and their superintendents (collectively, "school district defendants")
The United States Congress, the United States, and the President of the United States joined
The Supreme Court found that the plaintiff had standing neither as a taxpayer,
While Valley Forge remains good law, the Supreme Court in more recent opinions has indirectly
at 314 ), the Court held that the "mere passage by the District of a policy that has the
Justice O'Connor's concurrence in Wallace noted that whether a statute actually conveys a
472 U.S. at 76 (O'Connor, J., concurring in judgment).
To survive the "Lemon test," the government conduct in question must have a secular purpose,
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