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Elk Grove Unified School District v. Newdow
Citations: 540 U.S. 945; 182 Educ. L. Rep. 34Docket: 02-1624
Court: Supreme Court of the United States; October 14, 2003; Federal Supreme Court; Federal Appellate Court
The Supreme Court case Elk Grove Unified School District et al. v. Newdow et al. addresses two primary legal questions regarding the Pledge of Allegiance in public schools. First, the Court examines whether the respondent, Michael Newdow, has the standing to challenge a school district policy that mandates teachers lead willing students in reciting the Pledge, which includes the phrase "under God." Second, it considers whether such a policy violates the Establishment Clause of the First Amendment, as applicable through the Fourteenth Amendment. The Solicitor General is invited to submit a brief on behalf of the United States. Additionally, the motions by the Pacific Legal Foundation and the Rutherford Institute to file briefs as amici curiae are granted. Justice Scalia recused himself from the case. The lower court's decision is reported as 328 F.3d 466.