Reply #10: Its not bullshit, and its not a lame or wierd basis for decision. [View All]

[patcox2]

There is a longstanding rule in all courts which says that you cannot bring a lawsuit unless you have standing to sue. The concept of "standing" is highly technical, but the basic gist of it is that you have to have something personal at stake beyond the simple desire to make a point. Individual citizens are not entitled to bring lawsuits just to force someone to adhere to the law. (And the fact that you pay taxes and don't want to see your tax dollars paying for a capital chaplain is not enough, that is equally well established). The reference to "injury" in this case is a reference to a term of art within the jurisprudence on the topic of standing.

If Newdow were a member of congress, he would have standing, I suspect. But he is not. Likewise, he would have no standing to challenge the pledge if he did not have a daughter in school, (and given his circumstances, not having custody and bringing the suit against his daughters wishes, he probably lacks standing in that suit as well.)

You might think this is an unfair rule when its your ox getting gored, but believe me, some rules are necessary. If any crackpot could bring any suit against any government action or expenditure that they happen to disagree with, there would be ten times as many suits brought by loony right-wingers and christian fundamentalists challenging anything and everything progressive.

The very first congress appointed a chaplain and said a prayer. Many of the founding fathers were not necessarily conventional christians, but that has nothing to do with whether they believed that opening congress with a prayer offended the first amendment.

Jefferson edited a version of the New Testament, called the Jefferson Bible, which includes just the sayings and moral teachings of Jesus and the new testament and leaves out everything else. He had it printed and distributed it widely. For over a hundred years a copy of this Bible was given to every new member of congress when they took office. What do you make of that?