Elk Grove Unified School District v. Newdow
The father of an elementary school student brought an action challenging the constitutionality of the school district's policy requiring teacher-led recitation of the Pledge of Allegiance and of the statute inserting the words "under God" into the Pledge. The district court dismissed the action. The Ninth Circuit Court of Appeals reversed, holding that (1) the father had standing to challenge the constitutionality of both the statute and the school district's policy, and (2) both the statute and the policy violated the Establishment Clause of the First Amendment.
Questions Presented:
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 14th Amendment.
