Supreme Court of the United States
Elk Grove Unified School District v. Newdow — O'Connor, J., Concurring
June 14, 2004542 U.S. 1
Summary
Justice O’Connor concurred in the judgment, joining the Chief Justice’s view that Newdow has standing and the school district’s Pledge policy does not offend the Establishment Clause. She outlined her application of the endorsement test and the concept of ceremonial deism to support the view that the “under God” phrase fits within secular historical context. Chief Justice Rehnquist and Justice Thomas also filed separate opinions concurring in the judgment, addressing standing and Establishment Clause incorporation respectively.