Newdow v. United States

2002

Venue: 9th Cir

Facts: CA school requires the pledge of allegiance, including "under God."

Posture: Suit in district court is dismissed. Appeal.

Issue: Does this requirement violate the Establishment Clause?

Holding: Yes.

Rule: "Under God" is an endorsement of religion, and this is coercive.

Reasoning: The whole purpose of adding that phrase was to advance religion. At the very least, monotheism.

Dicta: The danger that this little phrase will bring about a theocracy is de minimis. We're letting a fanatical minority sap the joy of the majority.