Legal Opinion

Newdow v. Congress of the United States

District Court, E.D. California

Decided September 14, 2005No. CIV. S-05-17LKK/DADPublishedCited by 4 opinions

1Opinion of the Court

ORDER

KARLTON, Senior District Judge.

Pending before the court are motions to dismiss in what is something of a cause celebre in the ongoing struggle as to the role of religion in the civil life of this nation. Below, I conclude that binding precedent requires a narrow resolution of the motions, one which will satisfy no one involved in that debate, but which accords with my duty as a judge of a subordinate court.

As is known by most everyone, plaintiff, Michael Newdow (“Newdow”), is an atheist whose daughter attends school in the Elk Grove Unified School District (“EGUSD”). He and two other…

2Cases cited34 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  5. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000

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3Cited by4 opinions

  1. Newdow v. Rio Linda Union School DistrictCourt of Appeals for the Ninth Circuit · 2010
  2. Habecker v. Town of Estes Park, ColoradoDistrict Court, D. Colorado · 2006
  3. Newdow v. Rio Linda Union School DistrictCourt of Appeals for the Ninth Circuit · 2010
  4. Blum ex rel. Studinski v. 1st Auto & Casualty InsuranceWisconsin Supreme Court · 2010

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