Michael Newdow, supported by several groups including the American Humanist Association, claims in his lawsuit that "so help me God" violates the constitutional ban on government "endorsement" of religion.
The declaration was apparently aimed at blunting Newdow's concession that Obama could add the phrase on his own but that Roberts or any government official should not force or prompt him to say it.
Newdow said December 31 that he did not name Obama in his suit because in addition to participating as a government official in the ceremony, Obama possesses rights as an individual that allow him to express religious beliefs.