Legal Question in Constitutional Law in District of Columbia

Is not SCOTUS in Elk ...v. Newdow suborning acts against the establishment and

Did SCOTUS (in Elk � v. Newdow) create a right - among the superior rights of a �primary� custodial (�final say�) parent - i.e., within that parent�s (separate and unequal) �private parent-child sphere� - to allow third parties to instruct the custodial parent�s child in that third parties� (and the custodial parent�s) beliefs while the third parties is simultaneously involved in illegal activity � so long as the illegal activity is suborn by the State � thereby (SCOTUS itself) suborning acts against establishment and equal protection clauses?

Suppose a Sheriff instructed Benning�s child in Judeo-Christian �God� beliefs of George Washington etc, while said Sheriff stood atop the necks of a negro and Jew? If said negro and Jew died or were comatose as result of Sheriff�s activities and the local community and State suborned the activity, wouldn�t SCOTUS also have to defer to Benning�s Court Order granting her �final say� rights over any disagreement Newdow might have with Benning�s endorsement of the Sheriff�s religious instructions under such circumstances except that SCOTUS would �recognize� (�heckler�/no standing) Newdow�s right to instruct his daughter in Newdow�s Atheist beliefs were not disparaged?


Asked on 6/18/04, 10:26 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is not SCOTUS in Elk ...v. Newdow suborning acts against the establishment

In the recent Newdow decision, the U.S. Supreme Court merely opined that plaintiff Newdow was without the proper standing to bring the lawsuit in the first place since he did not have primary(physical) custody of his daughter at the time the case was filed.

Nothing more is implicated in this decision nor is

there anything in my opinion to support the line of gibberish which you've offered in your ill-formed question.

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Answered on 6/28/04, 10:11 pm


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