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FREEDOM FROM RELIGION FOUNDATION, INC. v. OBAMA

No. 10-1973.

641 F.3d 803 (2011)

FREEDOM FROM RELIGION FOUNDATION, INC., et al., Plaintiffs-Appellees, v. Barack OBAMA, President of the United States, and Robert Gibbs, White House Press Secretary, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 14, 2011.

Attorney(s) appearing for the Case

Richard L. Bolton (argued), Attorney, Boardman, Suhr, Curry & Field, Madison, WI, for Plaintiffs-Appellees.

Lowell Sturgill, Jr. (argued), Attorney, Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for Defendants-Appellants.

Kenneth Alan Klukowski , Attorney, Family Research Council, Washington, DC, Deborah Jane Dewart , Attorney, Deborah J. Dewart , Attorney at Law, Swansboro, NC, Jay A. Sekulow , Attorney, American Center for Law and Justice, Washington DC, Joel L. Oster , Attorney, Alliance Defense Fund, Leawood, KS, Steven W. Fitschen , Attorney, National Legal Foundation, Virginia Beach, VA, Adam W. Aston , Attorney, Office of the Attorney General of Texas, Austin, TX, John A. Eidsmoe , Attorney, Foundation for Moral Law, Inc., Montgomery, AL, Erica A. Tirschwell , Attorney, Kramer, Levin, Naftalis & Frankel, LLP, New York, NY, Derek C. Araujo , Attorney, Center for Inquiry, Inc., Amherst, NY, Carl J. Summers , Attorney, Mayer Brown LLP, Washington, DC, for Amicus Curiae.

Before EASTERBROOK, Chief Judge, and MANION and WILLIAMS, Circuit Judges.

EASTERBROOK, Chief Judge.

Since the founding of the Republic, Congress has requested Presidents to call on the citizens to pray. Every President except Thomas Jefferson, who deemed such proclamations inconsistent with the Constitution's first amendment, has complied. See Lynch v. Donnelly, 465 U.S. 668, 674-78, 104 S.Ct. 1355, 79 L.Ed.2d 604 (1984). The first of these proclamations,...

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