Newdow

Newdow v. Congress of the United States

Good Law
435 F. Supp. 2d 1066·2006 WL 1652231·2006 U.S. Dist. LEXIS 38588
United States District Court, Eastern District of CaliforniaJune 12, 2006Civ. S-05-2339FCD PANCalifornia4,709 words

Opinion

Opinion

Damrell, J.

This matter is before the court on defendants’ motions to dismiss. Plaintiff, the Rev. Dr. Michael A. Newdow, opposes the motions. For the reasons set forth below, defendants’ motions to dismiss are GRANTED.

BACKGROUND

On November 18, 2005, plaintiff filed a complaint in this court, seeking declaratory and injunctive relief regarding the use of the phrase “In God We Trust” as the national motto and its inscription on United States coins and currency. (Compl., filed Nov. 18, 2005). The complaint names as defendants the Congress of the United States of America, Peter Lefevre as Law Revision Counsel, the United States of America, John William Snow as Secretary of the Treasury, Henrietta Holsman Fore as Director of the United States Mint, and Thomas A. Ferguson as Director of the Bureau of Engraving and Printing. (1st Am. Compl. (“FAC”), filed May 10, 2006, ¶¶ 8-13). On January 29, 2005, the court granted Pacific Justice Institute’s (“PJI”) motion to intervene as a defendant in the action. In this litigation, plaintiff seeks to scrub out the reference to “God” in the motto of the nation.

Plaintiff Michael A. Newdow “is an ordained minister and the founder of the Atheistic church,…

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