Browsing: / Home / Litigation Updates / The challenge to “under God” in the Pledge of Allegiance (9th Circuit)
Print Shortlink

The challenge to “under God” in the Pledge of Allegiance (9th Circuit)

Current Status:
After the Supreme Court ruled in 2004 that – for “prudential” reasons – the federal courts should not have heard the challenge to the Pledge of Allegiance in the Elk Grove case, a second Pledge lawsuit was filed in the U.S. District Court for the Eastern District of California. That filing occurred on January 3, 2005, and resulted in a ruling in favor of the Plaintiffs.

The Defendants appealed to the U.S. Court of Appeals for the 9th Circuit, which – in an opinion written by Judge Carlos Bea (joined by Judge Dorothy Nelson) – reversed the District Court. In other words, the Pledge was deemed not to violate the Establishment Clause. Judge Stephen Reinhardt wrote a 136 page dissent.

Plaintiffs petitioned for a rehearing on April 26, 2010. On October 8, 2010, the petition for rehearing was denied.

A Petition for Certiorari was filed with the Supreme Court on January 6, 2011. It was argued that circumstances had arisen that required the Court to reverse or vacate the appellate decision. Alternatively, a grant of certiorari to review the Court of Appeals’ holding was requested.

For reasons that are best not divulged, we have not been able to provide the required materials to the Supreme Court. Accordingly, this case is now over.

Case Updates for Appeals (Jump to District)

Case Updates for District Court

Mixx Delicious Digg Facebook Twitter