ELK GROVE UNIFIED SCHOOL DIST. v. NEWDOW

No. 02-1624.

542 U.S. 1 (2004)

ELK GROVE UNIFIED SCHOOL DISTRICT ET AL. v. NEWDOW ET AL.

Supreme Court of United States.

Decided June 14, 2004.


Attorney(s) appearing for the Case

Terence J. Cassidy argued the cause for petitioners. With him on the briefs was Michael W. Pott.

Solicitor General Olson argued the cause for the United States as respondent under this Court's Rule 12.6 in support of petitioners. With him on the briefs were Assistant Attorney General Keisler, Deputy Solicitor General Clement, Deputy Assistant Attorney General Katsas, Patricia A. Millett, Robert M. Loeb, Lowell V. Sturgill, and Sushma Soni.

Michael A. Newdow, pro se, argued the cause and filed a brief as respondent.*

STEVENS, J., delivered the opinion of the Court, in which KENNEDY, SOUTER, GINSBURG, and BREYER, JJ., joined. REHNQUIST, C. J., filed an opinion concurring in the judgment, in which O'CONNOR, J., joined, and in which THOMAS, J., joined as to Part I. p. 18. O'CONNOR, J., p. 33, and THOMAS, J., p. 45, filed opinions concurring in the judgment. SCALIA, J., took no part in the consideration or decision of the case.


JUSTICE STEVENS delivered the opinion of the Court.

Each day elementary school teachers in the Elk Grove Unified School District (School District) lead their classes in a group recitation of the Pledge of Allegiance. Respondent, Michael A. Newdow, is an atheist whose daughter participates in that daily exercise. Because the Pledge contains the words "under God," he views the School District...

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