Kitzmiller v. Dover Area School District

Discovery Institute’s study, which found that 90.9 % of Judge Jones’ section on whether ID is science was copied essentially verbatim from the ACLU’s Proposed Findings of Fact and Conclusions of Law, provoked much discussion. As expected, most Darwinist defenders of Judge Jones swept some of the criticisms of judicial copying aside while engaging in harsh ad hominem attacks against us. I have already responded to some Darwinist defenses of Judge Jones. A few other Darwinists have continued to respond, and still they fail to rebut my legal arguments and misunderstand the type of normal analogical and policy legal reasoning I employed. I close this debate with a new response to such Darwinist critics available at: “Analogical Legal Reasoning and Read More ›

A student note in Rutgers Journal of Law & Religion agrees that Judge Jones overextended the judicial arm when he decided on the question of whether ID is science. Observing that Judge Jones correctly found that the Dover School Board members had religious motives, Philip A. Italiano then explains that the ruling should have stopped its analysis there and not extended into broad questions about the definition of science. Italiano recognizes that the Kitzmiller facts did not present the appropriate case in which to decide whether ID is science: Perhaps there theoretically could exist a factual scenario in which the motives of those who write intelligent design into a public school science curriculum are nonreligious, and in which the only Read More ›

On Evangelical Outpost, Joe Carter has a post about our study on Judge Jones’ copying of the ACLU’s Proposed Findings of Fact and Conclusions of Law. Darwinist bloggers Ed Brayton and Joe McFaul participated in the thread critiquing the study. My responses to them showed how Darwinist critiques are off-base and misrepresent the study, as well as the nature of our arguments. I include some excepts from my responses here to help readers see why the Darwinist critiques of the Judge Jones’ study don’t hold up: A Final Note on DictaIn conclusion, if anyone doubts that courts regularly cite to dicta from other cases to make their arguments, consider how the U.S. Supreme Court relied heavily upon the famous “mystery Read More ›

Two local newspapers which serve the Dover area have published articles making the same mistake when attacking Discovery Institute’s report, which found that 90.9% of Judge Jones’ section of the Kitzmiller ruling on whether intelligent design (ID) is science was copied verbatim, or near verbatim, from the ACLU’s Proposed Findings of Fact and Conclusions of Law. The York Dispatch has two articles — an editorial and a news article, each of which rely upon ACLU attorney Witold Walczak justifying Judge Jones’ copying by saying, “This is something lawyers do routinely, precisely so judges can use them.” It should come as no surprise that Mr. Walczak is defending a ruling which copied a brief he probably helped write. The York Daily Read More ›

[Editor’s Note: A single article combining all ten installments of this response to Barbara Forrest can be found here, at “Response to Barbara Forrest’s Kitzmiller Account.” The individual installments may be seen here: Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10.] This short, long-awaited final installment of the response to Barbara Forrest will note that she may have misplaced her praise of Judge Jones regarding the Kitzmiller ruling. In her Kitzmiller response, she wrote that Judge Jones’ ruling is “a marvel of clarity and forthrightness.” Of course she’s entitled to her opinion, but perhaps she should have given more credit to the ACLU, who contributed greatly to the Read More ›

On December 12, 2006, Discovery Institute released a report which found that “90.9% (or 5,458 words) of Judge Jones’ 6,004-word section on intelligent design as science was taken virtually verbatim from the ACLU’s proposed ‘Findings of Fact and Conclusions of Law’.” Since that time, we have received questions from various media sources and members of the public. This backgrounder on the report will help answer some common questions: Why is this report important?The section on whether ID is science is the most celebrated and expansive portion of the Kitzmiller opinion, which Judge Jones hoped would have an impact on future courts. As constitutional law scholar Stephen Gey said, “the critique of ID and science is the most important part of Read More ›

[Editor’s Note: A single article combining all ten installments of this response to Barbara Forrest can be found here, at “Response to Barbara Forrest’s Kitzmiller Account.” The individual installments may be seen here: Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10.] In her Kitzmiller account, Barbara Forrest leaves out information about the scientific research supporting ID, claiming “creationists are executing every phase except producing scientific data to support ID.” Ignoring her usage of the “creationist” label, Dr. Forrest’s argument mimics that of Judge Jones. Both Dr. Forrest and Judge Jones ignored the testimony provided in the courtroom during the Kitzmiller trial by Scott Minnich about his own experiments Read More ›

[Editor’s Note: A single article combining all ten installments of this response to Barbara Forrest can be found here, at “Response to Barbara Forrest’s Kitzmiller Account.” The individual installments may be seen here: Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10.] According to Wikipedia, a classic example of the “Correlation implies causation” logical fallacy might assert, “Sleeping with one’s shoes on is strongly correlated with waking up with a headache. Therefore, sleeping with one’s shoes on causes headache.” The way to refute this argument is to point out that it is based upon a logical fallacy which proves causation via correlation, and explain how a third explanation better Read More ›

Jay Wexler is one of the most published anti-ID legal scholars, but apparently he would agree with our arguments in Traipsing Into Evolution and in our amicus briefs that Judge Jones should not have extended the judicial arm into areas inappropriate for the judicial branch by finding that ID is not science. While I disagree with much of what Wexler argues, I agree with the emboldened portions listed below in the abstract for Wexler’s upcoming lecture at Boston University School of Law: When Judge John E. Jones, III, a United States District Court judge appointed by President George W. Bush, ruled in Kitzmiller v. Dover Area School District that a Pennsylvania school board’s intelligent design (ID) policy violated the First Read More ›

[Editor’s Note: A single article combining all ten installments of this response to Barbara Forrest can be found here, at “Response to Barbara Forrest’s Kitzmiller Account.” The individual installments may be seen here: Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10.] Barbara Forrest has posted an article documenting her Kitzmiller experience here. In it, she does a lot of namecalling, saying ID-proponents are “creationists,” “legal mincemeat,” “jaw-droppingly stupid,” “evangelical scholars,” “part of the Religious Right,” “mean-spirited,” having “contempt for the judicial system,” promoting “warmed-over creationism,” having “cocksure confidence,” using “nastiness,” because “they make things up and/or slander their opposition,” using “long-discredited pro-ID arguments,” reduced to “peddling ID” and Read More ›