Stephen Maturin

All those claims that surfaced awhile back about whether Michael Newdow, a noncustodial parent, had standing to challenge the inclusion of "under God" in the Pledge of Allegiance are apparently having effect. The Ninth Circuit panel that issued the original ruling back in June has ordered additional briefing on two issues:

The briefs are due early next month.

Meanwhile, according to <a href="http://www.sacbee.com/content/news/story/4841811p-5855101c.html" target="_blank">this report, </a> a California family court judge issued an order prohibiting Dr. Newdow from continuing to prosecute the federal court case on his daughter's behalf. How much deference the 9th Cir. will give this state court ruling is anyone's guess at this point.

Bottom line: don't expect a ruling on the pending motion for rehearing and application for en banc rehearing any time soon.

Rusting Car Bumper

This just shows me that Newdow was a goof to proceed. He should have seen this coming.

DC

beejay

It may show you that, but that's the wrong conclusion.

As Stephen points out:

It is far from certain what the court will rule about Newdow's standing.

Even if Newdow's suit is dismissed because of lack of standing, he is not the only dissatisfied person in the 9th Circuit who has a child who is affected by the Pledge.

This will continue until the Supreme Court is heard on the matter.

Grumpy

If the suit gets torpedoed based on standing, I hope that won't prejudice any future cases brought by plaintiffs with stronger claims. And if Newdow is dealt a loss, imagine the gloating about how "God will not be mocked" and so forth, when the glitch had nothing to do with the Constitution or the pledge.

dangin

Actually, Newdow losing this one, might be better for the cause.

First of all the next time around average people won't freak out as much, because it won't be as shocking the second time they hear it.

And also, if Newdow had won this in a slam dunk, it might have made the opposition stronger. It certainly would give them a rallying cry.

If these cases keep rolling along, the middle of the road folks(the majority) will start to tune it out. They will realize it does not impact their lives, their safety, or their pocketbooks, and suddenly it won't even be front page news. That's when we have a chance to win.

Rusting Car Bumper

Indeed. One must try to have good standing in not just the Courts but the Court of Public Opinion as well.

This case is better taken up by a stable family without any controversy as to where the family stands on its values.

This lessens the excuse of "Its just filed by some liberal crackpot trying to force his agenda on us" which in this case might actually not be far from the truth.

DC

Alonzo Fyfe

My view is that the case is best taken up by a student, who says himself or herself, "I am injured by this because each day I must sit through a ritual in which the teacher claims, and my classmates are asked to repeat, an oath to regard me as being on the same level as separatist/rebels, tyrants and those that support tyranny, and perpetrators of injustice."

A student who is willing to say, "I have no interest in removing mention of God from the schools, and would have nothing against a student voluntarily adding "so help me God" or "praise Allah" or whatever personal belief statement they want at the end of the pledge. I am only opposed to a ritual in which I am called evil by an institution I, for all practical purposes, must attend.

A student who is willing to argue, "I can imagine a Jew, in NAZI Germany, being forced to sit through an anti-semitic ritual that calls all Jews evil money-hungry demons, and the NAZI government saying, 'We do not force the Jews to participate in this ritual, therefore their objections to the ritual are groundless.'"

This, I think, is the case that has the best chance of winning -- not only the court battle, but the battle of public opinion as well.

uhcord

See I would do this, but I really don't know how to go about it. Plus, this is my last year in public school(I'm a senior). I'm sure it will cost terrible amount of money, and don't really think my parents will be able to support it (my brother is going to college, and I plan on going).

Can I still go to court to pursue this after I get out of high school?

I actually really want to pursue this. My uncle is quite a successful lawyer (in the millions), though I'm not sure what field of law he is in. He is quite a logical guy, though I have never really spoke to him about this beliefs on this subject. I rarely get to talk to him, but my father has been having more contact with him recently. Ah, I don't know =\

Maybe Newdow can still object to it, if while he was in school he had to say "under god", or does it have to be very recent. What is the law concerning this?

Alonzo Fyfe

Cost

Try to find yourself a legal representative who believes strongly enough in your case to make any fees contingent on a successful outcome -- and will seek reimbursement of those fees (costs) from the defendant. It should not cost you a cent to protect your rights. More on this later.


The Plan

Step 1: Ask yourself if you really want to do this. Imagine that somebody has just published a video of your entire life -- everything you have ever said and did has become public. And that there are people out there seeking to give that tape the worst possible interpretation. Can you live with that? Is there anything in your past that you simply do not want known?

Also note that some of your classmates will see you as "the enemy". You may expect some hostility, even violence. Are you willing to handle this.

[Note: As a minor...I'm guessing here...you may be able to file the suit anonymously.]

[Note: My father suffered some very serious injuries while serving in the military protecting our rights; my opinion is that I should be willing to risk the same. Your mileage may differ. It is difficult to undervalue the amount of courage required.]

Step 2: Ask your parents for their permission. Pursuing this will affect them. They may face hostility at work, among family members, and among (not so good) friends. Plus, your parents may have things in their past (or present) that they wish to keep concealed, and be put at risk by the publicity. I would suggest telling them what you want to do, but that you will respect their wishes without asking for an explanation.

They should assume this risk voluntarily.

Still, I would suggest telling them that you do not want them to be a party to this lawsuit. This is because (1) you do not want to give the impression that you are being manipulated into this by your parents; (2) it offers them some (but not much) protection from any backlash that could result; (3) they will not be asked or expected to provide any financial backing to the project because it is not their lawsuit.


Step 3:

Assuming that your parents say, "Yes, go for it," seek legal representation. Like with any type of shopping, you should pursue different options and compare. You should:

(a) Write to the local ACLU, describe your situation and your case, and ask for advice.

(b) Contact your uncle, ask for his advice. Even if he does not practice this type of law, if he is a successful lawyer he will know somebody who does.

(c) Your parents may have a working relationship with some lawyer for dealing with such things as wills. If so, make an appointment. Again, even if this person does not handle this type of case (highly probably), he or she may be able to point to somebody who does.

(d) Go to the yellow pages, and find any large law firm in your city. Describe the case, and see if they can set you up with somebody or can recommend somebody to call.


Step 4: When you find somebody you like who will agree to your terms, follow their advice.


Step 5: Make a list of all public comments, questions, and misconceptions that people may have about what you are doing and why, and prepare simple (1-sentence; maybe 2) responses to those objections. Rehearse your answers. Prepare multiple answers to each question so that you do not sound like a broken record.

If they say something to the effect that you find the Pledge to be offensive, answer, "Merely being offended is not worth all of this hastle. I have to face a government ritual each day in which I am compared to rebels and tyrants. For the government to say such things about people like me is not merely offensive, it is wrong."

If they say something like, "The pledge does not say anything negative about those who do not believe in God," then answer "I suppose you think that the pledge also does not say anything negative about those who do not believe in liberty and justice for all either."

Concentrate on short, pointed, "sound byte" answers that can comfortably fit into the 2 or 3 minutes of airtime that a news channel may devote to this issue.