The challenge to the monotheistic practices of the Presidential Inaugural (D.C. Circuit)

Current Status:
On December 29, 2008, a lawsuit was filed in the U.S. District Court for the District of Columbia, challenging the two monotheistic religious practices that occur at presidential inaugurations. The first concerns the presidential oath of office, which is prescribed in the Constitution’s Article II. With no authorization whatsoever, Chief Justices have taken to adding the purely religious phrase, “so help me God” when administering that oath. The second challenged practice is that which has occurred since 1937: chaplains brought in to the inaugural ceremony to give prayers to Jesus and to God.

The District Court ruled against the Plaintiffs on March 12, 2009, and an appeal was taken to the U.S. Court of Appeals for the District of Columbia Circuit. Briefing in the appeal was completed in October 2009, and oral argument was held in Washington, DC, on December 15. On May 7, 2010, the appellate panel ruled 2-1 that the Plaintiffs did not have standing due to a lack of redressability.

A petition for rehearing was filed and denied. A petition for certiorari has been filed with the United States Supreme Court. Of note is that the issue in this petition is not whether or not the religious activity at the inauguration is constitutional. Rather, it is whether or not there is redressability when the President orders his underlings to violate the Constitution.

The Supreme Court has denied the petition for certiorari. Thus, the case is now over. Furthermore, because of the standing decision in the Court of Appeals for the District of Columbia Circuit – which is the proper Circuit in which to bring this challenge – there is really no way to bring this case again. Thus, from now on, it appears that the Chief Justice of the United States (the personification of the rule of law and devotion to the words of the Constitution) will continue the practice of altering those words every four years in a manner contrary to the first ten words of the Bill of Rights.

Case Instructions

• Specific Intructions for Reviewing the 2012 NY “In God We Trust” Complaint September 10, 2012SPECIFIC INSTRUCTIONS FOR REVIEWING THE COMPLAINT IN THE NEW YORK “IN GOD WE TRUST” CHALLENGE (TO BE FILED ON SEPTEMBER 25?, 2012) This is the original COMPLAINT that will be starting the New York federal case challenging “In God We Trust” on the money. It must be complete enough to demonstrate that each plaintiff has standing. It ...
• Instructions for 10-757 Reply with Opp April 17, 2011SPECIFIC INSTRUCTIONS FOR THIS PETITION (AIMING FOR SUBMISSION TO PRINTER ON APRIL 18, 2011) Current Brief – 10-757 Reply with Opp This is the Reply Brief regarding the Petition for Certiorari (to the Supreme Court) in the lawsuit challenging the infusion of Monotheism into the Presidential inaugurations (Inaugural 2009 Case). The U.S. Court of Appeals for the District of Columbia ...

Case Updates for Appeals (Jump to District)

• Inaugural 2009 Appeal Updates July 17, 2009

  U.S. Court of Appeals for the District of Columbia
  2009-04-14	Court Order seeking assorted documents
  2009-05-14	Plaintiffs’ (Public) Certificate as to Parties, etc.
  2009-05-14	Plaintiffs’ Docketing Statement
  2009-05-14	Plaintiffs’ (Public) Entry of Appearance
  2009-05-14	Plaintiffs’ Motion to File Material Under Seal
  2009-05-14	Plaintiffs’ Submission of Underlying Decision
  2009-06-24	Court Order granting ACLJ’s Motion to Submit Amicus Brief
  2009-07-10	Court Order Granting Plaintiffs’ Motion to File Under Seal
  2009-07-17	Court Order Setting Out Briefing Schedule
  2009-08-31	Plaintiffs’ Appellants’ Opening Brief Appendix [6 megs]
  2009-09-30	Federal Defendants’ Respondents’ Brief Supplemental Appendix (Part I) Supplemental Appendix (Part II)
  2009-09-30	Defendant PIC’s Respondents’ Brief
  2009-09-30	Defendant Clergy’s Respondents’ Brief
  2009-10-29	Plaintiffs’ Reply Brief
  2009-11-03	Plaintiffs’ Supplemental Authority (Peck)
  2009-12-01	Plaintiffs’ Supplemental Authority (Stratechuk)
  2009-12-07	Plaintiffs’ Motion to Dispense with Religious Opening Cry
  2009-12-07	Court Order regarding Oral Argument
  2009-12-08	Clergy’s Response to Motion to Dispense with Opening Cry
  2009-12-09	Court Order Denying Motion to Dispense with Opening Cry
  2009-12-15	Court’s Minutes of Oral Argument
  2009-12-24	Plaintiffs’ Supplemental Authority (Mayfield)
  2009-12-28	Plaintiffs’ Supplemental Authority (Moore)
  2010-01-06	Plaintiffs’ Supplemental Authority (Farrakhan)
  2010-01-16	Plaintiffs’ Supplemental Authority (Grayson)
  2010-04-29	Plaintiffs’ Supplemental Authority (Salazar)
  2010-05-07	Court’s Judgment
  2010-05-07	Court’s Opinions
  2010-05-07	Court’s Order regarding Mandate

   

Case Updates for District Court

• Inaugural 2009 District Court Updates April 5, 2009

   

  District Court for the District of Columbia
  2008-12-30	Plaintiffs submits Original Complaint Appendix A (Religions broken down) Appendix B (Inaugural Clergy 1937-2005) Appendix C (Anti-Catholicism in Early America) Appendix D (JCCIC Announcement) Civil Cover Sheet
  2008-12-30	Plaintiffs’ Corporate Disclosure Statement
  2009-01-05	Plaintiffs’ Motion to Admit pro hac vice
  2009-01-05	Plaintiffs’ Motion for Preliminary Injunction Appendix A (USSC Neutrality opinions) Appendix B (JCCIC Inaugural Program) Appendix C (USSC Dicta)
  2009-01-05	Federal Defendants’ Attorney Notice of Appearance
  2009-01-05	Court ORDER granting PHV and setting Hearing date
  2009-01-08	Defendant PIC’s Response to Preliminary Injunction Motion    Exhibit A Proposed Order
  2009-01-08	Fed Defendants’ Memo in Response to Plaintiffs’ PI Motion Exhibit – Newdow 2001 Complaint Exhibit – Newdow 2001 F&R #1 Exhibit – Newdow 2001 Order Exhibit – Newdow 2001 F&R #2 Exhibit – Newdow 2001 Order – F&R #1 Exhibit – Newdow 2001 Judge Karlton Order Exhibit – AFIC Declaration Exhibit – John Roberts’ Counselor’s Declaration    Exhibit – Medhurst Excerpts    Exhibit – Presidential Inaugural Addresses Exhibit – Proposed Motion
  2009-01-09	Federal Defendants’ Errata AFIC Declaration Table of Contents
  2009-01-09	Federal Defendants’ Attorney Notice of Appearance
  2009-01-10	Plaintiffs’ Reply to PI Opposition    Appendix A    Appendix B Appendix C
  2009-01-10	Plaintiffs’ Supplemental Declaration Request for Leave to Submit Supplemental Declaration
  2009-01-10	PIC Attorney’s Notice of Appearance
  2009-01-12	PIC Attorney’s Notice of Appearance
  2009-01-12	Plaintiff’s Explanation regarding late filing
  2009-01-12	Amicus Brief of the 50 Attorneys General Motion Proposed Order Memorandum
  2009-01-12	Federal Defendants’ Objection to Supplemental Affidavit    Exhibit
  2009-01-12	Court ORDER to show cause
  2009-01-12	Court ORDER granting Texas Attorney General et al Amicus Brief
  2009-01-13	Motion for Judicial Notice of Brown v Bd of Educ Brief    Brown v Bd of Educ Brief Proposed Order
  2009-01-13	PIC Attorney Notice of Appearance
  2009-01-14	Amended Declaration of Michael Newdow
  2009-01-14	Plaintiff’s Motion for Protective Order Memorandum Proposed Motion
  2009-01-14	Historians’ Amicus Brief
  2009-01-14	Court Order Denying Judicial Notice of Brown v Bd of Educ
  2009-01-14	Court Order granting leave to file
  2009-01-14	Court Order regarding affidavits
  2009-01-15	Rev. Warren’s Opposition to the Preliminary Injunction
  2009-01-15	Court Transcript of hearing on Preliminary Injunction motion
  2009-01-16	Judge Walton’s court ORDER regarding Preliminary Injunction
  2009-01-15	Amicus Brief of Margaret Downey
  2009-02-10	Judge Walton’s court ORDER regarding mootness
  2009-02-23	Plaintiff’s Response to First Order to Show Cause Appendix A (JCCIC announcement) Appendix B (Judge Walton cases) Appendix C (Fed 2001 Reply Brief) Appendix D (Newdow Declaration) Appendix E (2005 Inaugural ticket reservation) Appendix F (2003 Lib of Cong email) Appendix G (C Bickford email) Appendix H (Myth Perpetuators)
  2009-03-12	Judge Walton files the Court Order dismissing the case
  2009-04-05	Plaintiffs file Notice of Appeal