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CNN Saturday Morning News

Justice Department Appeals 'Under God' Ruling

Aired August 10, 2002 - 08:03   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

ANDERSON COOPER, CNN ANCHOR: We go now to a legal battle fueled by two words -- "under god." The Justice Department is appealing a recent ruling by the Ninth District Circuit Court that strikes those two words from the Pledge of Allegiance.
CNN's Kelli Arena has more.

(BEGIN VIDEOTAPE)

KELLI ARENA, CNN JUSTICE CORRESPONDENT: Justice Department lawyers are requesting that the entire 11 judge panel in the Ninth Circuit Court of Appeals overturn the controversial ruling issued in June. That ruling stated that the words "under god" in the Pledge of Allegiance are unconstitutional because they violate the guarantee of separation of church and state.

The ruling shook the nation, even though it only applies to the eight states under the jurisdiction of the Ninth Circuit, and that includes the state of California. Children in those states have not been subject to the ruling, though, because it was put on hold.

Now, the government claims the ruling ignored two earlier Supreme Court decisions where the words "under god" were deemed constitutional. The Justice Department also claims the man who challenged the Pledge before the court doesn't have any rights as an injured party.

Michael Newdow has said that he was acting on behalf of his school aged daughter. But the girl's mother has said that she was sole legal custody and that her daughter wishes to recite the Pledge in school.

Kelli Arena, CNN, Washington.

(END VIDEOTAPE)

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