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New Doe Child #1, et al. v. United States, et al.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-4440 · judgment August 28, 2018


Certiorari denied · June 10, 2019
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

  1. Whether Congress violates the Establishment Clause when it makes laws respecting an establishment of Monotheism, thus perpetuating and exacerbating the political disenfranchisement of Atheists (i.e., the nation’s most politically disenfranchised “protected class”). Specifically, in this case, whether Congress may mandate the inscription of “In God We Trust” on every coin and currency bill manufactured by the Department of the Treasury.

  2. Whether Congress violates the equal protection component of the Fifth Amendment’s Due Process Clause when it mandates the inscription of “In God We Trust” on every coin and currency bill manufactured by the Department of the Treasury.

  3. Whether Petitioners’ rights under the Religious Freedom Restoration Act of 1993 (RFRA) are violated when the only coins and currency bills that are legal tender are required by Congress to be inscribed with “In God We Trust,” thus forcing Petitioners (who are Atheists) to bear and proselytize that Monotheistic message.

Counsel of record

For petitioner
Michael A. Newdow
Newdow Law

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 10 2019
    Petition DENIED.
  2. May 29 2019
    Supplemental brief of petitioners New Doe Child #1, et al. filed. (Distributed)(6/5/2019)
  3. May 21 2019
    DISTRIBUTED for Conference of 6/6/2019.
  4. May 13 2019
    Waiver of right of respondent United States, et al. to respond filed.
  5. Feb 25 2019
    Petition for a writ of certiorari filed. (Response due May 13, 2019)