Facts of case

In the case of Newdow vs US Congress Newdow, an atheist, was against the recitation of the Pledge of Allegiance in public schools specifically the phrase “Under God”. Newdow stated that the Pledge of Allegiance force religion on the students especially his daughter and also violated the separation of church and state. He also stated the addition of the phrase “Under God” in 1954 was done unconstitutionally and therefore is should be removed from the Pledge of Allegiance. Newdow said that even thought his daughter is not forced to say it she is injured just watching and listening to it and seeing a state-employed teacher leading it.

Newdow requested that the president and the US Supreme Court remove the words “Under God” from the Pledge of Allegiance because it was unconstitutionally added and because it violated the separation of church and state. On this issue the district courts have no authority to make this request for one the president has no authority to amend statute or declare a law unconstitutional this act being reserved for congress and federal judiciary only. Thus the case was brought to the US Supreme Court.

"Congress Confirms 'God' in Pledge, Motto ." US Government Info. 19 Mar 2009 .

"MICHAEL A. NEWDOW vs United States District Court ." UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. June 26, 2002. 7 Mar 2009 .