Elk Grove Unified School District v. Newdow

In Elk Grove Unified School District v. Newdow (2004), the Supreme Court faced two issues. The first issue was whether Michael Newdow had standing or the legal right to challenge as unconstitutional a public school board's policy that required teachers to lead willing students in reciting the Pledge of Allegiance. The second issue was whether the pledge, which includes the phrase “under God,” violated the Establishment Clause of the U.S. Constitution. The Court decided that Newdow, as noncustodial father, had no right to sue, and thus it avoided having to rule on the constitutional issue.

Facts of the Case

The Pledge of Allegiance reads, “I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation under ...

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