e-Bulletin: Court Once Again Strikes Words "Under God" From The Pledge Of Allegiance

In the continuing case of Newdow v. United States, 2005 U.S. Dist. LEXIS 19887, the District Court for the Eastern District of California recently held that it was bound by the Ninth Circuit Court of Appeals 2003 decision that the policy and practice of teacher-led recitation of the Pledge, with the inclusion of the words “under God,” violate the clause in the United States Constitution that prohibits the government from establishing a state-sponsored religion. As a result, the court explained, it would be required to issue a restraining order upon a motion by the plaintiff, which plaintiff Newdow has indicated he will file next week. A restraining order would restrict students from reciting the Pledge in the classrooms of the four school district defendants: Elk Grove Unified School District, Sacramento City Unified School District, Rio Linda School District and Elverta Joint Elementary School District. As in the previous suit filed by Mr. Newdow, the defendant school districts will likely appeal the ruling to the Ninth Circuit. Once an appeal is filed, the Ninth Circuit may issue a stay pending resolution of the suit. A stay would allow students to continue to recite the Pledge in the classrooms of the defendant districts until the issue is finally resolved.