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Austin's Atheism Blog

By Austin Cline, About.com Guide to Atheism since 1998

Pledge Case Review Denied, Newdow to Refile

Wednesday August 25, 2004
Michael Newdow isn't quite finished with his legal fight against the phrase "under God" in the Pledge of Allegiance. He lost at the Supreme Court in June and that court has also refused to reconsider its ruling, but he's now joining another case with a different parent who can't be ignored on a technicality.

The Washington Times, propaganda arm of Rev. Moon’s Unification Church, “reports”:

Yesterday, the court refused Mr. Newdow's request for reconsideration of the ruling without comment. ... "The message that comes with this dismissal (of the latest Newdow petition), as well as the ruling in June, signifies that the majority of the Supreme Court will not overturn the Pledge of Allegiance," said Jay Sekulow, chief counsel of the American Center for Law and Justice, a group that specializes in constitutional law.

It signifies no such thing — Sekulow acts less like a lawyer and more like a politician every time he opens his mouth in public. If they really wanted to secure the place of “under God” in the Pledge of Allegiance they would agree to reconsider Newdow’s case — and then rule against him. Refusing to reconsider is much more likely a sign that they just don’t want to deal with this, at least right now. That was, in all probability, the reason why they dodged the constitutional issues of Newdow’s case by ruling on a technicality in the first place. Sekulow, though, needs to frame this as a “win” for the Christian Right. Perhaps it will help with fund raising letters.

NBC 4 reports on the new case developing:

Newdow said he'll refile in the federal 9th Circuit next month along with another atheist parent whose custody can't be questioned. He added that he's helping other atheists file legal challenges to the Pledge in other parts of the country.

I suppose he is hopeful about this one — he’s dropped two other lawsuits (one challenging congressional chaplains and another challenging prayers a Bush’s inauguration) in order to focus on this one. We’ll just have to see how well it goes...

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