On January 20, 2001 – at President Bush’s first inauguration – two Christian ministers gave overtly Christian prayers. This is hardly consistent with the Supreme Court’s statement that “the religious liberty protected by the Constitution is abridged when the State affirmatively sponsors the particular religious practice of prayer.” On February 1, 2001, a lawsuit was filed to enjoin this practice. After the Defendants argued that Newdow shouldn’t be granted standing because he only watched the inauguration on television in California, the lower court ruled that the practice did not violate the Constitution.
Newdow appealed. In a very sparsely worded opinion, the Ninth Circuit Court of Appeals ruled that Newdow did not have standing because he did “not allege a sufficiently concrete and specific injury.”
Case Updates
- Inaugural 2001 Case Updates April 28, 2003
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01-20-01 President George W. Bush is inaugurated. As part of his inaugural program, Rev. Franklin Graham gives an invocation, and Pastor Kirbyjon Caldwell gives a benediction. 02-01-01 Rev. Dr. Michael Newdow (Plaintiff) files Original Complaint against President George W. Bush. The complaint alleges that the prayers recited at the inauguration violated the Establishment Clause. 05-04-01 The U.S. Attorney – representing the President – submits her Motion to Dismiss, along with a supporting brief. 06-01-01 Plaintiff submits Memorandum in Response to the President’s Motion to Dismiss. 06-06-01 Defendant’s Reply in response to Plaintiff’s Response filed. 06-14-01 Hearing held before Magistrate Judge Hollows. 07-18-01 Magistrate Judge Hollows issues his First Findings and Recommendations. 07-31-01 Defendant’s Objections to Magistrate Judge Hollows’ Findings and Recommendations filed. 08-02-01 Plaintiff’s Objections to Magistrate Judge Hollows’ Findings and Recommendations filed. 08-07-01 Plaintiff submits his Reply to Defendant’s Objections. 09-28-01 District Judge Karlton files Order adopting Magistrate Judge Hollows’ Findings and Recommendations. 10-05-01 Magistrate Judge Hollows files Order setting forth schedule for future proceedings. 10-17-01 Defendant’s Answer to Complaint filed. 11-16-01 Defendant’s Motion for Summary Judgment filed. 12-07-01 Plaintiff’s Response and Cross-Motion for Summary Judgment Filed. 12-14-01 Defendant’s Reply to Motion for Summary Judgment Filed. 12-20-01 Hearing held before Magistrate Judge Hollows. 12-28-01 Magistrate Judge Hollows issues his Second Findings and Recommendations. 01-17-02 Plaintiff’s Objections to Magistrate Judge Hollows’ Findings and Recommendations filed. 02-01-02 Defendant’s Reply to Plaintiff’s Objections Filed. 02-11-02 Plaintiff’s Response to Defendant’s Reply filed. 03-21-02 Hearing held before Magistrate Judge Hollows. 03-26-02 Magistrate Judge Hollows issues his Third Findings and Recommendations. 04-03-02 Plaintiff’s Objections to Magistrate Judge Hollows’ Findings and Recommendations filed. 05-23-02 Judge Karlton adopts Findings and Recommendations; Orders case dismissed. 07-03-02 Plaintff/Appellant files Notice of Appeal 11-21-02 Plaintiff/Appellant files Appellant’s Opening Brief. 01/27/03 Defendant/Appellee President Bush files Appellee’s Brief. 03/17/03 Appellant’s Reply Brief filed. 04/28/03 Appellant’s Request for Oral Argument filed.