1/15/05 
Rev.
Rob Schenck (center, right background) addresses
reporters Thursday after leading a brief prayer service in front of the E. Barrett
Prettyman U.S. Court Room in Washington, D.C
where atheist activist Michael Newdow is suing to block President Bush from having
ministers offer prayers during his upcoming Inaugural ceremony. Judge John Bates
said he will issue his ruling by the end-of-business Friday. ------- Judge
John Bates has ruled against atheist activist Michael Newdow who had asked the
federal court to block President Bush and the congressional committee responsible
for the Inauguration from including prayers in its program on January 20. This
is the second time Newdow has sued to stop ministers--or anyone--from offering
a prayer at the Inaugural ceremonies. As in this case, he had also failed to convince
a judge in 2001 that such prayers violated the establishment clause of the First
Amendment. The Judge in this recent case said that from the start there
was serious doubt as to whether Mr. Newdow could ever win his case, and furthermore,
that because he had sued before for the same thing, the law did not allow him
to try again. "Given the significant doubt that his action can proceed
in the face of substantial questions relating to issue preclusion and standing,
and the absence of a clearly established violation of the Establishment Clause,
the court concludes that Newdow has not satisfied the threshold requirement for
extraordinary relief . . ." wrote Judge Bates in his summary denying a preliminary
injunction or order banning the prayers. As to Mr. Newdow’s claim that
being present at the Inaugural, as he plans to be, and having everyone bow their
heads in prayer while he won’t will cause him “substantial harm,”
Judge said he just didn’t find that credible. "Newdow's alleged
injury remains somewhat tenuous, not concrete. He simply wishes not to have to
confront any religious expression during the Inauguration. But he has the means
at hand to avoid that abstract injury." Mr. Newdow is expected to file
an appeal.
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