Elk Grove Unified School District v. Newdow
United States Supreme Court
542 U.S. 1 (2004)
Relevant factsFree
Newdow (plaintiff), an atheist, sued the school district (defendant) claiming the daily recitation of the Pledge of Allegiance's "under God" language violated the Establishment Clause, but the child's mother, Banning, who held exclusive legal custody under a state-court order, moved to remove her daughter as a party and noted the daughter didn't personally object to reciting the Pledge; the Ninth Circuit nonetheless found Newdow retained standing and ruled the policy unconstitutional on the merits.
IssueFree
Whether a non-custodial parent lacks standing to sue in federal court on behalf of his child.
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