NEWDOW v. ROBERTS

No. 09-5126.

603 F.3d 1002 (2010)

Michael Arthur NEWDOW, et al., Appellants v. John G. ROBERTS, Jr., Chief Justice of the U.S. Supreme Court, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 7, 2010.


Attorney(s) appearing for the Case

Michael Newdow argued the cause for appellants. With him on the briefs was Robert V. Ritter.

Lowell V. Sturgill Jr., Attorney, U.S. Department of Justice, argued the cause for appellees John G. Roberts, Jr., et al. With him on the brief was Mark B. Stern, Attorney. Brad P. Rosenberg, Attorney, entered an appearance.

Dominic F. Perella argued the cause for appellees Presidential Inaugural Committee and Emmett Beliveau. With him on the brief were Craig A. Hoover, Catherine E. Stetson, E. Desmond Hogan, Robert Bauer, and Andrew Werbrock. Marc Elias entered an appearance.

H. Robert Showers and Kevin T. Snider were on the brief for appellees Joseph Lowery and Richard Warren.

James Matthew Henderson, Sr. was on the brief for amicus curiae American Center for Law & Justice in support of appellees.

Greg Abbott, Attorney General, James C. Ho, Solicitor General, C. Andrew Weber, First Assistant Attorney General, Adam W. Aston, Assistant Solicitor General, David S. Morales, Deputy Attorney General for Civil Litigation, Candice N. Hance, Assistant Attorney General, Attorney General's Office of the State of Texas, Troy King, Attorney General, Attorney General's Office of the State of Alabama, Daniel S. Sullivan, Attorney General, Attorney General's Office of the State of Alaska, Terry Goddard, Attorney General, Attorney General's Office of the State of Arizona, Dustin McDaniel, Attorney General, Attorney General's Office of the State of Arkansas, Edmund G. Brown, Jr., Attorney General, Attorney General's Office of the State of California, John W. Suthers, Attorney General, Attorney General's Office of the State of Colorado, Richard Blumenthal, Attorney General, Attorney General's Office of the State of Connecticut, Joseph R. Biden, III, Attorney General, Attorney General's Office of the State of Delaware, Bill McCollum, Attorney General, Attorney General's Office of the State of Florida, Thurbert E. Baker, Attorney General, Attorney General's Office of the State of Georgia, Mark J. Bennett, Attorney General, Attorney General's Office of the State of Hawaii, Lawrence G. Wasden, Attorney General, Attorney General's Office of the State of Idaho, Lisa Madigan, Attorney General, Attorney General's Office of the State of Illinois, Gregory F. Zoeller, Attorney General, Attorney General's Office of the State of Indiana, Tom Miller, Attorney General, Attorney General's Office of the State of Iowa, Steve Six, Attorney General, Attorney General's Office of the State of Kansas, Jack Conway, Attorney General, Attorney General's Office of the Commonwealth of Kentucky, James D. "Buddy" Caldwell, Attorney General, Attorney General's Office of the State of Louisiana, Janet T. Mills, Attorney General, Attorney General's Office of the State of Maine, Douglas F. Gansler, Attorney General, Attorney General's Office of the State of Maryland, Martha Coakley, Attorney General, Attorney General's Office of the Commonwealth of Massachusetts, Michael A. Cox, Attorney General, Attorney General's Office of the State of Michigan, Lori Swanson, Attorney General, Attorney General's Office of the State of Minnesota, Jim Hood, Attorney General, Attorney General's Office of the State of Mississippi, Chris Koster, Attorney General, Attorney General's Office of the State of Missouri, Steve Bullock, Attorney General, Attorney General's Office of the State of Montana, Jon C. Bruning, Attorney General, Attorney General's Office of the State of Nebraska, Catherine Cortez Masto, Attorney General, Attorney General's Office of the State of Nevada, Michael A. Delaney, Attorney General, Attorney General's Office of the State of New Hampshire, Anne Milgram, Attorney General, Attorney General's Office of the State of New Jersey, Gary K. King, Attorney General, Attorney General's Office of the State of New Mexico, Andrew M. Cuomo, Attorney General, Attorney General's Office of the State of New York, Roy Cooper, Attorney General, Attorney General's Office of the State of North Carolina, Wayne Stenehjem, Attorney General, Attorney General's Office of the State of North Dakota, Richard Cordray, Attorney General, Attorney General's Office of the State of Ohio, W.A. Drew Edmondson, Attorney General, Attorney General's Office of the State of Oklahoma, John R. Kroger, Attorney General, Attorney General's Office of the State of Oregon, Thomas W. Corbett, Jr., Attorney General, Attorney General's Office of the Commonwealth of Pennsylvania, Patrick C. Lynch, Attorney General, Attorney General's Office of the State of Rhode Island, Henry D. McMaster, Attorney General, Attorney General's Office of the State of South Carolina, Marty J. Jackley, Attorney General, Attorney General's Office of the State of South Dakota, Robert E. Cooper, Jr., Attorney General, Attorney General's Office of the State of Tennessee, Mark Shurtleff, Attorney General, Attorney General's Office of the State of Utah, William H. Sorrell, Attorney General, Attorney General's Office of the State of Vermont, Bill Mints, Attorney General, Attorney General's Office of the Commonwealth of Virginia, Robert M. McKenna, Attorney General, Attorney General's Office of the State of Washington, Darrell V. McGraw, Jr., Attorney General, Attorney General's Office of the State of West Virginia, J.B. Van Hollen, Attorney General, Attorney General's Office of the State of Wisconsin, Bruce Salzburg, Attorney General, Attorney General's Office of the State of Wyoming, and Vincent F. Frazer, Attorney General, Attorney General's Office of the U.S. Virgin Islands, were on the brief of amici curiae States of Texas, et al. in support of appellees.

Opinion concurring in the judgment filed by Circuit Judge KAVANAUGH.


BROWN, Circuit Judge:

Plaintiffs appeal the dismissal of their constitutional challenge to religious elements of the presidential inaugural ceremony. We affirm the dismissal because plaintiffs' claims regarding the 2009 inaugural ceremony are moot and plaintiffs lack standing to challenge the 2013 and 2017 inaugurations.

I

Barack Obama was elected President of the United States on November 4, 2008. Prior to and following his election, organizations...

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