Matthew Heller at On Point News reports that Michael Newdow, the lawyer who brought a challenge to the inclusion of “under God” in the Pledge of Allegiance is taking another shot at the issue.
His earlier attempt was successful until it reached the U.S. Supreme Court, which determined that Newdow did not have standing to bring the suit on behalf of his daughter, because he was not the custodial parent. My belief — the conservative wing of the Court knew that it had no choice but to rule in Newdow’s favor unless it found some way of punting the case – thus the specious “standing” dismissal.
Newdow is undaunted — and he is now lead counsel in Freedom From Religion Foundation v. United States.
My prediction – FFRF will win at the D.N.H., will win at the First Circuit, and the Supreme Court will either refuse to accept certiorari, thus limiting the ruling to New England (where everyone is a godless America-hating atheist anyhow), or we will find a new creative Scalia/Thomas/Roberts rationale for punting the case.