The U.S. Supreme Court issued a much anticipated decision in the Pledge of Allegiance case (Elk Grove Unified School District v. Newdow). On June 14, 2004, eight Justices rejected Michael Newdow's constitutional challenge to a school district policy requiring teacher-led student recitation of the Pledge of Allegiance. Justice Scalia, who had earlier recused himself from the case, took no part in the consideration or decision of the case.

Opting not to address whether the Pledge's inclusion of the phrase "under God" violates the First Amendment's Establishment Clause, the majority opinion authored by Justice Stevens and joined by three other Justices rejected the challenge on standing grounds -- meaning that Michael Newdow did not have the legal right to bring the lawsuit on behalf of his daughter, an elementary school student. Separate concurrences by Chief Justice Rehnquist and Justices O'Connor and Thomas found that Newdow had standing, but concluded that the Pledge did not violate the Establishment Clause.

Justice O'Connor's concurrence may be the most significant legal development to emerge from this case. In it, she set forth a new four-factor test regarding "ceremonial deism" under which she upheld the school's policy. Justice O'Connor has often provided the decisive fifth vote on church-state cases and her analysis may affect future Court decisions.

ADL submitted an amicus brief to the Supreme Court arguing that the school policy violates the constitution because a government may not impose religious beliefs on citizens, especially in the elementary school setting.