Rev. Austin Miles, a chaplain in Northern California is a writer and historian. He is the author of Santa's Surprising Origins, a story that received worldwide circulation and resulted in him being cast in the 2004 Hallmark Christmas Movie titled, Single Santa Seeks Mrs. Claus. He played the mall Santa who magically received the gift of sign language.

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Friday, March 12, 2010

Religion • BREAKING! 9th Circuit Rules AGAINST Newdow

In a hopeful but unexpected legal decision decided yesterday, The 9th Circuit Court of Appeals in San Francisco, the same court that ruled in Newdow’s favor in 2002 when he sued to make The Pledge of Allegiance illegal, since it incorporated the words, “Under God,” this time ruled that;  “The Pledge is a patriotic excercise and is not an endorsement of religion.”  more….

Judge Stephen Reinhardt who ruled in favor of Newdow in the original case, was the lone dissenter in this one. Judge Dorothy Nelson, a Jimmy Carter appointee, who strenuously dissented against Hawaii’s decision to make Good Friday a legal holiday (that measure was passed), cast the deciding vote with Judge Carlos Bea. In a separate ruling, the court also upheld the words “In God We Trust” on the national currency,according to Dan Levine of Law.com.

Michael Newdow had unleashed a flurry of lawsuits against everybody, including this writer, one of the first to reveal (in a story) that Newdow had no legal standing to file the suit on behalf of his daughter, since his daughter did not live with him and that he never married the mother.


Newdow, who had a lawsuit pending in the U.S. Supreme Court, sued over that article with a complaint that I had influenced the Supreme Court to rule against him. He had filed a ‘libel’ case that went on for six years. It was eventually ruled that Newdow had not been libeled, ending that case. The Thomas More Law Center defended me pro-bono and won the case once and for all.

When the Pledge case exploded, while America was still burying it’s dead in New York, Pennsylvania and Washington, D.C., America was outraged. That case could not have broken at a more inopportune time since so short a time had passed since the cowardly attack.

Another great tragedy for America, which had to have been orchestrated in hell, was that immediately following 9-11, our country came together in unity for the first time in decades, to fight against the enemy who invaded our land.  Together, we would defeat this enemy. Church services were packed and prayer was no longer a forbidden activity.

Then, Newdow came on the scene with a lawsuit that divided our country, distracting attention from the war, as the citizens warred with each other about the use of the word, God, and falling right back to make prayer illegal and all symbols of Christianity scrubbed from public view. The war against Christianity was resurrected. We abdicated our resolve to wipe out the enemy, and instead, turned to warring against ourselves.

In an instant, The United States of America, had lost the sudden accumulated strength that would have propelled all of America to take action to defeat that enemy quickly, And we would have. America was all in agreement until Newdow’s lawsuit broke while the dead were being buried.

Justice Reinhardt, another Carter appointee, gave a 132-page dissent.  Justice Nelson, ironically was a law clerk for Judge Reinhardt and the two had become good friends. So a tip of the beret to her for ruling for what she believed was a correct ruling rather than being swayed by a friendship.

To read the entire decision, cut and paste: Newdow V.Rio Linda Unified School District, 10 C.D.O.S.6 3102.

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