Newdow v. Carey
Encyclopedia
Newdow v. Rio Linda Union School District (also known as Newdow v. Carey), Nos. 05-17257, 05-17344, and 06-15093, was a United States Court of Appeals for the Ninth Circuit
decision that upheld the constitutionality of the teacher-led recitation of the Pledge of Allegiance by students in public schools. The 2–1 majority found that the recitation did not constitute an establishment of religion prohibited by the United States Constitution.
It was an appeal from the Eastern District of California
, which ruled that the recitation of the Pledge of Allegiance
in public school is unconstitutional based on the Ninth Circuit's ruling that the words "under God" violate the Establishment Clause of the United States Constitution
in Newdow v. United States Congress in 2002. That case was later appealed to the U.S. Supreme Court
and overturned on an issue of standing
in Elk Grove Unified School District v. Newdow
in 2004.
In the new case, the plaintiffs were three unnamed families. The defendants were Rio Linda
Union School District, the United States as a Defendant-Intervenor and a group of defendant-intervenors, including lead intervenor John Carey, who sought to preserve the current wording of the Pledge. The private defendant-intervenors were represented by the Becket Fund for Religious Liberty. The Court of Appeals consolidated the defendants' three different appeals for briefing and argument.
The Court heard oral argument
in the case on December 4, 2007 where the petitioner Michael Newdow
argued for plaintiffs. Deputy Assistant Attorney General Gregory Katsas argued for the United States, Terence Cassidy argued for the Rio Linda Union School District, and Kevin Hasson
of the Becket Fund argued for the private intervenor-defendants. A decision was expected over the course of 2008 and 2009, before ultimately being delivered on March 11, 2010.
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
decision that upheld the constitutionality of the teacher-led recitation of the Pledge of Allegiance by students in public schools. The 2–1 majority found that the recitation did not constitute an establishment of religion prohibited by the United States Constitution.
It was an appeal from the Eastern District of California
United States District Court for the Eastern District of California
The U.S. District Court for the Eastern District of California is composed of six divisions.The Bakersfield division has jurisdiction over certain cases in Inyo and Kern counties and on federal lands and National Parks...
, which ruled that the recitation of the Pledge of Allegiance
Pledge of Allegiance
The Pledge of Allegiance of the United States is an expression of loyalty to the federal flag and the republic of the United States of America, originally composed by Christian Socialist Francis Bellamy in 1892 and formally adopted by Congress as the pledge in 1942...
in public school is unconstitutional based on the Ninth Circuit's ruling that the words "under God" violate the Establishment Clause of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
in Newdow v. United States Congress in 2002. That case was later appealed to the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
and overturned on an issue of standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
in Elk Grove Unified School District v. Newdow
Elk Grove Unified School District v. Newdow
Newdow v. United States Congress, Elk Grove Unified School District, et al., 542 U.S. 1 , was a lawsuit originally filed in 2000 which led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of...
in 2004.
In the new case, the plaintiffs were three unnamed families. The defendants were Rio Linda
Rio Linda, California
Rio Linda is a census-designated place in Sacramento County, California, United States. It is part of the Sacramento–Arden-Arcade–Roseville Metropolitan Statistical Area. As of the 2010 census, the CDP population was 15,106, up from 10,466 at the 2000 census...
Union School District, the United States as a Defendant-Intervenor and a group of defendant-intervenors, including lead intervenor John Carey, who sought to preserve the current wording of the Pledge. The private defendant-intervenors were represented by the Becket Fund for Religious Liberty. The Court of Appeals consolidated the defendants' three different appeals for briefing and argument.
The Court heard oral argument
Oral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
in the case on December 4, 2007 where the petitioner Michael Newdow
Michael Newdow
Michael Arthur Newdow is an American attorney and emergency medicine physician. He is best known for his efforts to have recitations of the current version of the Pledge of Allegiance in public schools in the United States declared unconstitutional because of its inclusion of the phrase "under God"...
argued for plaintiffs. Deputy Assistant Attorney General Gregory Katsas argued for the United States, Terence Cassidy argued for the Rio Linda Union School District, and Kevin Hasson
Kevin Hasson
Kevin J. "Seamus" Hasson, Esq. is Founder and President of the , a non-partisan public-interest law firm that represents persons of all faiths....
of the Becket Fund argued for the private intervenor-defendants. A decision was expected over the course of 2008 and 2009, before ultimately being delivered on March 11, 2010.
External links
- Text of Newdow v. Rio Linda USD. Ninth Circuit Court of Appeals.
- Video of oral argument. "Establishment of Religion Clause Oral Arguments, Part 2." C-SPAN Video Library.
- Audio of oral argument. "Media for Case: Newdow v. John Carey, No. 05-17257." Ninth Circuit Court of Appeals.
- Orders, briefs, and other information. "The Pledge Case Timeline." Restore our Pledge of Allegiance.
- Becket Fund briefs and articles. "Pledge of Allegiance Cases." The Becket Fund for Religious Liberty.
- Secular Coalition amicus letter. "Secular Coalition files Amicus Letter in Newdow's 'under God' Pledge Case." Secular Coalition for America.