William H. Frist: “this resolution that we passed is a Senate resolution expressing support for the Pledge of Allegiance. Because of the…”

“this resolution that we passed is a Senate resolution expressing support for the Pledge of Allegiance. Because of the significance of this matter, I would like to read some paragraphs in the resolution and then the closing resolve section: Whereas on June 26, 2002, a 3-judge panel of the Ninth Circuit Court of Appeals ruled in Newdow v. United States Congress that the words ``under God'' in the Pledge of Allegiance violate the Establishment Clause of the United States Constitution when recited voluntarily by students in public schools; Whereas on March 4, 2003, the United States Senate passed a resolution disapproving of the Ninth Circuit's decision in Newdow by a vote of 94-0; Whereas on June 14, 2004, the Supreme Court of the United States dismissed the case, citing plaintiff's lack of standing. Whereas on January 3, 2005, the same plaintiff and 4 other parents and their minor children filed a second suit in the Eastern District of California to challenge the words ``under God'' in the Pledge of Allegiance. Whereas on September 14, 2005, the Eastern District of California declined to dismiss the Newdow case, holding that the Ninth Circuit's earlier ruling that the words ``under God'' in the Pledge of Allegiance violates the Establishment Clause was still binding precedent . . . Mr. President, the ``whereas'' clauses continue.…”