The Pledge Case

Please choose the desired proceedings:

 

District Court for the Eastern District of California
2000-03-08 Rev. Dr. Michael Newdow (Plaintiff) files Original Complaint against the United
States Congress, the State of California, and local School District parties. The
complaint alleges the phrase “under God” in the Pledge of Allegiance violates the
First Amendment.
2000-04-12 The School District defendants submit their Motion to Dismiss.
2000-04-21 Plaintiff submits Memorandum in response to School District’s Motion to Dismiss.
2000-05-04 School District defendants submit <Reply Brief>.
2000-05-15 Hearing on the Motion to Dismiss held before Magistrate Judge Nowinski.
2000-05-25 Magistrate Judge Nowinski files his Findings and Recommendation,
recommending that the Motion be upheld.
2000-05-31 Plaintiff submits his Objections to Magistrate Judge Nowinski’s Recommendation.
2000-06-06 School District submits <Response to Objections>.
2000-06-20 Supplemental Authority submitted: Santa Fe Indep Sch. Dist. v. Doe.
2000-07-21 District Judge Schwartz files his Order, upholding the Motion to Dismiss.

 

9th Circuit Court of Appeals
 Amicus Briefs
2000-07-26 Plaintiff files Notice of Appeal.
2000-11-14 Plaintiff/Appellant files his Appellant Brief.
2000-12-21 Federal Defendants’ Appellee Brief submitted.
2001-01-24 Supplemental Authority submitted: Sandoval v. Calderon.
2001-02-05 School District Defendants’ Appellee Brief submitted.
2001-02-08 Clerk of the Court distributes Notice Regarding Oral Argument.
2001-02-16 Plaintiff/Appellant submits his Reply Brief and Oral Argument Argument.
2001-03-02 Record on Appeal certified.
2001-03-23 Supplemental Authority submitted: ACLU of Ohio.
2001-04-06 Supplemental Authority submitted: Cobb.
2001-04-13 Supplemental Authority submitted: Gentala.
2001-04-25 Supplemental Authority submitted: Books.
2001-05-01 Supplemental Authority submitted: Mitchell.
2001-05-23 Supplemental Authority submitted: Bartnicki.
2001-06-04 Supplemental Authority submitted: City of Elkhart.
2001-08-22 Screening panel determines probable oral argument.
2001-11-02 Court orders pro bono counsel for Plaintiff/Appellant.
2001-11-14 Plaintiff/Appellant submits: Opposition to Order for pro bono counsel.
2001-11-21 Order for pro bono counsel vacated.
2002-01-18 Oral argument calendared for 03-14-02.
2002-03-14 Oral Argument heard before Judges Goodwin, Reinhardt and Fernandez.
2002-06-26 Panel Opinion filed.
2002-06-27 Order staying 06-26-02 opinion issued.
2002-07-25 State of California’s Petition for Rehearing filed.
2002-08-05 <School District Defendants’ Petition for Rehearing> filed.
2002-08-05 <Mother’s Motion to Intervene> filed.
2002-08-09 <U.S. Senate Motion to Intervene> filed.
2002-08-12 Defendant United States Petition for Rehearing filed.
2002-09-27 Newdow’s Response to Mother’s Motion to Intervene filed.
2002-10-07 <Mother’s Reply to Newdow’s Response> filed.
2002-10-09 Court orders School District and United States to file briefs re: standing
2002-11-06 <School District Defendants' Brief re: standing> filed.
2002-11-07 <United States’ Brief re: standing> filed.
2002-12-03 Court orders Plaintiff/Appellant to file response to Petitions for Rehearing.
2002-12-04 Court issues ruling: Plaintiff/Appellant has standing as parent.
2002-12-04 Court denies Motions to Intervene (of U.S. Senate and Mother).
2002-12-18 <Plaintiff/Appellant’s Response to Petitions for Rehearing> filed.
2003-02-28 Denial of Petitions for Rehearing and for Rehearing en banc issued.
2003-03-04 Stay of Mandate imposed.

 
 Amicus Briefs
2003-04-30
 EGUSD’s Petition for Writ of Certiorari filed.
2003-04-30 United States’ Petition for Writ of Certiorari with Appendix filed.
2003-06-26 Newdow’s Petition for Writ of Certiorari filed.
2003-06-27 Newdow’s Response to other Petitions filed.
2003-09-09 Newdow’s Suggestion for Recusal of Justice Scalia filed.
2003-10-14 Petition of EGUSD GRANTED limited to the following Questions: 
  1. Whether respondent has standing to challenge as unconstitutional a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance. 
  2. Whether a public school district policy that requires teachers to lead willing students in reciting the Pledge of Allegiance, which includes the words "under God," violates the Establishment Clause of the First Amendment, as applicable through the Fourteenth Amendment. The Solicitor General is invited to file a brief in this case on behalf of the United States. Justice Scalia took no part in the consideration or decision of these motions and this petition.

Supreme Court docket

2003-12-19 EGUSD's Petitioner's Brief filed.
2003-12-19 Respondent (Supporting Petitioner) USDOJ Brief and Appendix filed.
2004-02-13 Mike Newdow filed his Respondent's Brief.  (in both MS Word or Adobe Acrobat 6.0 formats)
2004-03-24 Oral argument in the Supreme Court. Transcript

 

 
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