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State AG's File Amicus Brief Opposing Newdow's Challenge To Inauguration Ceremony

By Howard M. Friedman

Led by Texas Attorney General Greg Abbot (press release), the attorneys general of all 50 states and the Virgin Islands have filed an amicus brief (full text) in support of prayer and the use of "so help me God" in the oath at Barack Obama's upcoming inauguration. The suit on behalf of 40 individuals and organizations, including activist Michael Newdow, was filed last week in federal district court in the District of Columbia. (See prior posting.) A hearing is scheduled for next week. (See prior posting.) The brief argues:

Prayers and oaths invoking God have been incorporated into public inaugural ceremonies throughout our Nation's history and at every level of government. Plaintiffs have not presented a single legal precedent holding unconstitutional such historical customs and practices.

It also cites authority in 26 states incorporating the phrase "so help me God" (or similar phrase) into oaths of office for state officials.

Full post as published by Religion Clause on January 09, 2009 (boomark / email).