The tenth anniversary of the Kitzmiller v. Dover decision, which came out on December 20, 2005, is right around the corner. There have already been some good retrospectives, including a series of pieces by the York Daily Record, another series in Reports of the National Center for Science Education, and a “What If Intelligent Design Had Won?” discussion by Eugenie Scott and Kenneth Miller in York College, Pennsylvania, in November. There will undoubtedly be more to come; please post links in the comments when you see them come out.
Recently in Legal Issues Category
The Washington Post reported the other day that Justice Antonin Scalia, in a commencement address, said,
Humanity has been around for at least some 5,000 years or so, and I doubt that the basic challenges as confronted are any worse now, or alas even much different, from what they ever were.
I suppose that “at least 5000 years” gives you some wiggle room, but I would hardly call, say, 200,000 years “at least 5000 years.” That is a bit like saying, “The trip from Boulder to New York is at least 20 kilometers.”
Jerry Coyne, who is much nicer than I am, thinks that it might have been “just an offhand remark that’s been blown out of proportion.” Well, maybe, but I watched most of the speech on Professor Coyne’s website, and I could not help but notice that Justice Scalia was reading that text: he did not misspeak.
Justice Scalia dissented in Edwards vs. Aguillar, but he seemed more concerned with whether the legislature intended creation “science” as a religious doctrine than with its scientific merit. He also supported the “balanced treatment” argument to the effect that students who learn evolution are entitled to the opposing view as well. His argument was well reasoned but depended on the assumption that creation science is not a religious doctrine if its supporters think it is not.
Contrary to some reports, Justice Scalia did not say, “The body of scientific evidence supporting creation science is as strong as that supporting evolution”; rather, he was paraphrasing the testimony of witnesses and states explicitly “that I by no means intend to endorse its accuracy” but that “what is crucial is not [the legislature’s] wisdom in believing that [a certain secular] purpose would be achieved by the bill, but their sincerity in believing it would be” [italics in original].
Still, Justice Scalia generally comes across as an authoritarian, uncomfortable with ambiguity and guided by literalist interpretations. If he takes the Bible as literally as he takes the Constitution, then it is easy to see that he might well believe in a young Earth. I hope I am wrong and Professor Coyne is right.
Tom Loftus reports in the Louisville Courier-Journal that Gov. Steve Beshear has asked a federal court to dismiss the Ark Park’s lawsuit on the grounds that “[p]roviding the public funding sought for religious purposes …would constitute an unlawful establishment of religion” and thereby violate both the state and federal constitutions. Governor Beshear and his co-plaintiff, state Treasurer Bob Stewart, told the Courier-Journal that “the state’s denial of public funds for the ark park [sic] ‘reflects no hostility toward Plaintiffs’ faith’ and does not prohibit Answers in Genesis and its affiliated organizations from following their religious beliefs.”
Update, March 31, 2015: Americans United for the Separation of Church and State has submitted a motion to intervene on behalf of four Kentucky taxpayers to “prevent taxpayer dollars from being used to unconstitutionally finance a religious ministry.” According to a press release, the taxpayers argue “that ‘[t]he tax rebates sought for Ark Encounter would effectively compel me, as a Kentucky taxpayer, to subsidize a religious ministry against my will.’” Two of the taxpayers are Christian ministers. AU has also submitted a proposed motion to dismiss, which I take it becomes active if the motion to intervene is granted.
Lawyers say this encounter is about to make an appearance in court and it’s all over tax incentives. The lawyer for the Ark Encounter says it will sue the state in federal court to try to regain the rebates it believes the state should give it for building the biblical attraction.
The link is approximately a transcript of the Wave 3 television broadcast, but the broadcast itself is worth watching – the television reporters got a tour of the construction site, and it looks like they are actually building the model Ark. A nice slideshow, Constructing the Ark Park, is also linked to the Wave 3 Web page.
The lawyer for the Ark Park, Mike Johnson, made an interesting statement:
They had to move over a million cubic tons, I think it was, of dirt.
If that is true, then the ton must be a unit of length, or else they are building the model in a 9-dimensional space. Maybe that is how Noah snuck so many creatures onto the Ark: he dropped them off into some of the extra dimensions. Works as well as any explanation promulgated by AIG. I hope that Mr. Johnson is as good a lawyer as he is an engineer.
Anyone who relies on the Supreme Court to guarantee that creationism will not be taught in public school or that the Ark Park’s threatened lawsuit will necessarily fail might want to read an article by Erwin Chemerinsky in the January 1 issue of The Washington Spectator. In that article, which I take to be a longish abstract of his book, Chemerinsky argues that the Court has generally not lived up to its “lofty expectations” and indeed has more often “upheld discrimination and even egregious violations of basic liberties.” The Chemerinsky article does not appear on the Spectator website, so I will abstract it very briefly below the fold.
Update, January 5, 2015. The article is now available here, so you may read it for yourself and not take my word for what Chemerinsky says.
Update, 12/11/2014, 12:30-ish MST: A Lexington Herald-Leader editorial has a [f]ew questions for Answers in Genesis, not least,
Why does God need so much taxpayer help?
Really, has God been so lame spreading the good news that AIG must “counter the myths floating around about the Bible-upholding Ark Encounter,” on a digital video board in New York’s Times Square?
Does God need to be defended with the demagogic language AIG and its founder Ken Ham use in the holy war against “intolerant liberal friends,” “secularists,” “Bible-scoffers,” and, the most telling, “agitators outside the state?”
The editorial concludes,
Perhaps Answers in Genesis should give up thanking God that intolerant liberals “can’t sink this ship,” and ask the deity instead whether it can be built without more government handouts.
I noted in a comment to another article that, according to reporter Joe Sonka, writing in Insider Louisville, The Lost Ark: Kentucky will not grant tax incentives to Ark Encounter,
Kentucky’s Tourism Arts & Heritage Cabinet Secretary Bob Stewart informed representatives of the proposed Ark Encounter tourist attraction today that their project will not be eligible for up to $18 million in tax incentives from the state, due to their refusal to pledge not to discriminate in hiring based on religion.
and further that
Stewart cited AiG CEO Ken Ham’s Nov. 19 fundraising letter that accused the Beshear administration of religious persecution and reaffirmed their desire to discriminate in hiring based on religion. He also cited other statements throughout the year from AiG officials claiming the purpose of the park is to evangelize and indoctrinate its visitors.
Mr. Stewart wished Ark Encounter well but noted,
“Certainly, Ark Encounter has every right to change the nature of the project from a tourism attraction to a ministry,” wrote Stewart. “However, state tourism tax incentives cannot be used to fund religious indoctrination or otherwise be used to advance religion. The use of state incentives in this way violates the Separation of Church and State provisions of the Constitution and is therefore impermissible.”
Mr. Sonka appends to his article two letters: The first is from Bob Stewart, the secretary of the state’s Tourism Cabinet, to James Parsons, an attorney for the Ark Park, and outlines the state’s reason for denying the tax incentives. The second is from Mr. Parsons to Mr. Stewart; it looks as though they may have crossed in the mail. Mr. Parsons observes that Ark Encounter is (now) wholly owned by Answers in Genesis and argues that it should therefore be treated as a religious nonprofit. He continues with a lot of material that only a lawyer could love and concludes,
For all these reasons, if you insist on the newly imposed condition in your Letter [sic], it will amount to unconstitutional viewpoint discrimination[,] and my client will have no choice but to seek redress in federal court. [Boldface in original document.]
Viewpoint discrimination generally refers to limiting speech in a public or semi-public space; I would like to hear from a lawyer as to whether that concept can reasonably be extended to a case such as this or whether Mr. Parsons is just whistling past the graveyard.
Thanks again to my Indefatigable Informant for the tip.
I haven’t got time to investigate further, but Hovind watchers might be interested that Mr, Hovind (Dr. Dino) has been charged with filing a lien on property that had already been forfeited. Or something. A Forbes columnist, Peter Reilly, suggests that the government is piling on, and I suspect he is right; you may read about it here.
Acknowledgement. Link provided by the truly indefatigable Dan Phelps.
A couple months ago, Richard Hoppe and I blogged about the lawsuit brought by a creationist group against the state of Kansas, alleging that teaching real science to students violates the First Amendment by “indoctrinating” them with ideas that might make them question their religious training. State officials today filed a motion to dismiss that lawsuit, which you can read here. It’s a very strong motion–the most important parts are pages 28-43–so I don’t have much to add. Kansas is clearly in the right and deserves easily to win this motion. More at the NCSE’s site.
Co-blogger Richard Hoppe noted a few weeks ago that a group of creationists in Kansas have sued the state’s Board of Education for teaching evolution in public schools on the theory that such teaching “endorses” a “worldview” which is tantamount to a religion, as prohibited by the Establishment Clause of the First Amendment. As our NCSE friends observe, courts have consistently rejected the argument that science is a “religious worldview” which the government is prohibited from endorsing. But there’s another…shall we say, innovative…aspect to the complaint. It alleges that teaching evolution violates the right of school children not to be indoctrinated. For instance, on p. 27, the complaint alleges that teaching evolution violates the rights of students because it “imbues them with a religious belief that is inconsistent with the beliefs their parents have sought to instill in them,” and “imbu[es] them with a religious belief that is inconsistent with their [the students’] existing religious beliefs.”
But they also ruled that cDNA sequences may be patented. The argument is something like this: DNA is found in nature, hence not patentable. But cDNA, or DNA stripped of its introns, is not found in nature, hence potentially patentable. See Adam Liptak’s article in The New York Times.
The outcome means (or seems to mean) that Myriad Genetics will no longer have a monopoly on testing for the breast-cancer genes, BRCA-1 and -2. Liptak suggests that competition will now drive the cost of such tests down from the present price of around $3000. Myriad’s stock nevertheless had gone up at the time of Liptak’s report.
SCOTUSBlog is running a symposium on the case of Association of Molecular Pathology v. Myriad Genetics, which presents the question of whether human genes are patentable. I blogged about the case when the Federal Circut upheld the patent.
While the final decision hasn’t been written, the judge in the Coppedge v. Caltech and JPL case has made an order for a final ruling in JPL’s favor.
In his wrongful termination suit, Coppedge claimed he was demoted in 2009, then let go for engaging his co-workers in conversations about intelligent design and for handing out DVDs on the topic while at work. Intelligent design is the belief that life is too complex to have developed through evolution alone.
I recently acquired the new book “The Rocks Don’t Lie: A Geologist Investigates Noah’s Flood” by David Montgomery. It’s a splendid read, and very much applicable to the readership of Panda’s Thumb. The book has some excellent pictures and discussions regarding Siccar Point in Scotland, “…celebrated as the place where Scottish farmer James Hutton discovered geologic time..” Siccar Point graces the cover of Montgomery’s book.
Just last Thursday, I cited Siccar Point in a lecture on the Flood for our new social studies class at New Mexico Tech in Socorro. (See slides 56-58). I have resolved to visit Siccar Point - it’s on my bucket list.
That’s why I found this announcement from the Facebook group “Save Siccar Point” to be quite disturbing. They are alarmed that developers are “ruining the geological mecca of Siccar Point, the location of Hutton’s unconformity.”
More info here:http://www.savesiccarpoint.co.uk/
From the site comes this urgent plea:
The deadline for objections has been extended to 23 September 2012 - the day before the application is considered. If you want to lodge an objection you have some time to do it. Please don’t forget! …
It still not too late to object…keep them coming.
You can object by email if you want. Here’s how:
- In the Subject Line put “12/00929/FUL Objection Comment”
- Add your comment in the email body
If you want to CC anyone else into your email, you might want to consider:
I have sent along my objections - will you?
(Don’t forget to be polite!)
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Over at the DI Media Complaints Division/Department of calling young-earth creation scientists ID proponents and then pretending that ID isn’t creationism relabeled, David Klinghoffer has commented on the previous PT post on Coppedge v. JPL and the various suggestions and speculations that I and others made in the discussion. As is par for the course, Klinghoffer mischaracterizes clearly labeled speculation as definitive conclusions, says we’re meanies, yadda yadda.
But that’s not what’s interesting. What’s interesting is Klinghoffer’s description of Coppedge and his lawyer, William Becker. According to Klinghoffer, they are almost in opposition to each other – both in attitude and on the witness stand, of all places. Becker seems “impatient” and “frustrated” with Coppedge on the stand. Why exactly? It’s hard to say. Klinghoffer chalks it up to Coppedge’s “sheepish hesitancy” and “tendency to digress”.
Klinghoffer also mentions that Coppedge is suffering from severe headaches, which the media indicates has been delaying testimony. And Klinghoffer recounts an event Klinghoffer personally witnessed in which Becker almost got into a fist-fight after dinging another guy’s car with his door.
Klinghoffer spins all this to illustrate the “shy” and mild-mannered nature of Coppedge – says Klinghoffer,
It made me wonder if Coppedge isn’t too bashful to offer a proper evangelical pitch for anything. Think about it. “Pushing” your ideas on anyone, as distinct from diffidently offering them a DVD and making a note in your diary if they liked it or not (as Coppedge did), requires a fearless nerve, a certain cheekiness. In Jewish terms, chutzpah.
Coppedge doesn’t have chutzpah in his DNA.
Now, an alternative interpretation of all of this is that Coppedge is turning out to be a weird dude, his case is coming apart at the seams, and Becker is mad and frustrated because he knows this, which would mean that years of work will go down the drain, and, worse, there will be no compensation of legal fees. I have no strong opinion about this possibility, it could be wrong, but it seems at least as plausible as Klinghoffer’s interpretation.
What I would like to discuss is Klinghoffer’s statement that Coppedge ain’t got no chutzpah. Klinghoffer concludes:
It looks like the trial in Coppedge v. JPL has finally started after many, many delays. The Discovery Institute appears to be attempting to milk it and spin it for all it’s worth – and of course they are accusing the “Darwinists” of doing this. The reality, though, is that we don’t know anything more than what can be gleaned from the news reports and DI propaganda (and the court filings, if anyone is brave enough to dig through that tedium), and the various evolution folks have said relatively little about it as a result. JPL hasn’t released very much information – probably a good plan. But links, discussion, etc. welcome in this thread.
Y’all remember how, years ago, Casey Luskin and the boys were calling Judge Jones a plagiarist because the final decision in Kitzmiller drew a lot of language from the briefs? I pointed out at the time that, well, that’s what briefs are for. Now here’s an article in Political Research Quarterly that uses software to find that even the U.S. Supreme Court draws a lot of language from the briefs filed by the parties in any particular case, thus reaching the unremarkable conclusion that “there is a connection between the language of the parties’ briefs and the language of the opinions, which means that parties have the potential to influence the law.” For most of us, it’s nice to know that court opinions show the judges actually read the briefs. But for Luskin & Co., it’s doubtless evidence of just how huge the Darwinist plagiarist conspiracy really is.
According to an article by Adam Liptak in yesterday’s New York Times, the Supreme Court has just heard arguments relating to an Arizona law that gives a tax credit for contributions to private “tuition organizations.” Mr. Liptak puts it succinctly: