Finally, he took his case to the Supreme Court. Earlier this week, they rejected hearing his case.
The high court on Monday refused to hear an appeal from Michael Newdow, who argued that government references to God are unconstitutional and infringe on his religious beliefs.
Can he do anything now? It doesn’t look like it. And he’s not very happy about that prospect.
I asked Newdow what his options were now that the Court has said no to hearing his case, and he responded with this via email:
…The DC Circuit ruled that there is no standing to challenge executive branch activity. Although I am certain that that extraordinary claim (which is contrary to Supreme Court case law since 1803 (in Marbury v. Madison)) will be disregarded in other situations, it clearly will be adhered to in any future ["So Help Me God"] challenge.
At “the transcendent ritual of American democracy and respresentative government,” therefore, the Chief Justice of the United States (of all people) will continue to alter the text of the Constitution every four years. (S)He will do this with no authority, in a manner that at the very least implicates (if not grossly violates) the principle of religious equality found in the first ten words of the Bill of Rights.
Score one less for our nation.
You have to hand it to Newdow — he doesn’t always file the most popular cases (even in the atheist world), but he always files the big ones. When it comes to Religious Privilege in our government, if the door is open a crack, Newdow will try to bust it open. He doesn’t always succeed, but if he can’t, I’m not sure anyone else can either. So I’m glad that he’s doing what so many of us can’t even imagine — taking on the government in a fight to maintain church/state separation.