Michael Newdow, the atheist who also challenged the phrase "under God" in the Pledge of Allegiance, argued that prayer at a presidential inauguration was unconstitutional.
But on Wednesday, the U.S. Supreme Court rejected Newdow's appeal -- turning away his request for an injunction to stop the prayer.
The American Center for Law and Justice said the decision was made by Chief Justice William Rehnquist, who will administer the oath of office to President Bush tomorrow. (Newdow wanted Rehnquist to remove himself from the case because the inaugural oath contains the phrase "so help me God.")
"This is an important statement by the Supreme Court in upholding inaugural prayer -- a time-honored tradition that's been a part of the history and heritage of our nation," said Jay Sekulow, chief counsel of the ACLJ, which has challenged Newdow's lawsuits in the past.
"There simply is no constitutional conflict by permitting a member of the clergy to offer prayer for the president and the nation at the inaugural ceremony.
"We're pleased that this issue has been resolved and look forward to an inaugural ceremony that includes prayer -- a part of the tapestry of every inauguration since President Washington took his first oath of office in 1789," Sekulow said in a statement.
The ACLJ has been involved in the inaugural prayer case from the beginning, filing various friend-of-the court briefs.
The Supreme Court's action on Wednesday comes after two other courts -- a federal district court and a federal appeals court -- also rejected Newdow's legal arguments.
