Newdow sues Bush to stop his mention of God...
Newdow, an emergency room physician with a law degree acting as his own attorney, recently lost a bid in federal court in Sacramento to halt President Bush's faith references.
But a federal judge last month tossed out the suit to make President stop mixing politics and his Christian faith.
Newdow, 49, built his lawsuit against Bush around a prayer delivered at the 2000 inauguration by the Rev. Franklin Graham, son of evangelist Billy Graham, that was based on Christian beliefs and referenced "the Lord Jesus Christ."
Newdow complained that permitting any prayer at a presidential inauguration violated the First Amendment's establishment clause.
And, he said, Graham's references to Christian figures and concepts "further excluded theistic non-Christians" and "showed a preference for a particular religious belief." The prayer made him feel like an "outsider," he added.
He did not seek monetary damages but asked the court to enjoin Bush from drawing Christianity into his duties in the future.
Assistant U.S. Attorney Kristin Sudhoff Door argued that courts lack authority to meddle in the internal affairs of other government branches.