Michael Newdow glances at a fax copy of the Supreme Court's ruling preserving the phrase 'one nation under God' in the Pledge of Allegiance while talking to reporters outside his Sacramento, Calif., home in this June 14, 2004. (AP Photo/Rich Pedroncelli)

The atheist who unsuccessfully sued to remove the words “under God” from the Pledge of Allegiance is appealing to the U.S. Supreme Court his lawsuit to stop the inaugural prayer planned for Thursday.

Michael Newdow’s challenge to the prayer was rejected by a federal district court and a federal appeals court.

“It is unfortunate that Michael Newdow continues to pursue a flawed legal strategy that really has no chance of success,” said Jay Sekulow, chief counsel of the American Center for Law and Justice, which has challenged Newdow’s lawsuits in the past.

“Prayer at the inauguration is a time-honored tradition that poses no constitutional violation - a conclusion that’s been reflected in decisions over the years - including two decisions in the past few days,” Sekulow said in a statement.

Newdow is also asking that Supreme Court Chief Justice William Rehnquist remove himself from consideration of the case because he will administer the oath of office to President Bush, which contains the phrase “so help me God.”

“To suggest that the Chief Justice step aside from considering this case simply because he will administer the oath of office to President Bush - the same oath taken by the nation’s first President George Washington - is a bizarre and troubling argument,” Sekulow said.

Sekulow’s group is preparing a brief for the Supreme Court in support of the Justice Department’s defense of the inaugural prayer.