Stefan Ray Aronow v. United States of America

Good Law
432 F.2d 242·1970 U.S. App. LEXIS 7062
United States Court of Appeals for the Ninth CircuitOctober 6, 197023444California765 words

Opinion

Opinion

Thompson, J.

This is an appeal from the orders of the District Court refusing to invoke a three-judge court and dismissing plaintiff’s complaint. The complaint challenged the use of expressions of trust in God by the United States Government on its coinage, currency, official documents and publications. Specifically, the action challenged the constitutionality as repugnant to the Establishment Clause of the First Amendment of two federal statutes:

The District Court ruled that plaintiff, as a taxpayer and citizen, lacked standing to challenge the validity of the statutes and that the merits of the claim of unconstitutionality were insubstantial. Inasmuch as we agree on the insignificance of the charge of unconstitutionality, we do not reach the question of standing.

A three-judge court need not be convened under 28 U.S.C. § 2282 unless there are substantial grounds for attacking the constitutionality of the Congressional enactment in question. Ex Parte Poresky, 290 U.S. 30 , 54 S.Ct. 3 , 78 L.Ed. 152 (1933); Bailey v. Patterson, 369 U.S. 31 , 82 S.Ct. 549 , 7 L.Ed.2d 332 (1962).

It is quite obvious that the national motto and the slogan on coinage and currency “In God We Trust” has nothing…

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