Justice in Dover

The court’s ruling that Intelligent Design is nothing more than a sham was better than I’d expected: A “hypothetical reasonable observer,” adult or child, who is “aware of the history and context of the community and forum” is also presumed to know that ID is a form of creationism. Child Evangelism, 386 F.3d at 531 … Continue reading “Justice in Dover”

The court’s ruling that Intelligent Design is nothing more than a sham was better than I’d expected:

A “hypothetical reasonable observer,” adult or child, who is “aware of the history and context of the community and forum” is also presumed to know that ID is a form of creationism. Child Evangelism, 386 F.3d at 531 (citations omitted); Allegheny, 492 U.S. at 624-25. The evidence at trial demonstrates that ID is nothing less than the progeny of creationism. What is likely the strongest evidence supporting the finding of ID’s creationist nature is the history and historical pedigree of the book to which students in Dover’s ninth grade biology class are referred, Pandas. Pandas is published by an organization called FTE, as noted, whose articles of incorporation and filings with the Internal Revenue Service describe it as a religious, Christian organization. (P-461; P-28; P-566; P-633;Buell Dep. 1:13, July 8, 2005). Pandas was written by Dean Kenyon and Percival Davis, both acknowledged creationists, and Nancy Pearcey, a Young Earth Creationist, contributed to the work. (10:102-08 (Forrest)).

As Plaintiffs meticulously and effectively presented to the Court, Pandas went through many drafts, several of which were completed prior to and some after the Supreme Court’s decision in Edwards, which held that the Constitution forbids teaching creationism as science. By comparing the pre and post Edwards drafts of Pandas, three astonishing points emerge: (1) the definition for creation science in early drafts is identical to the definition of ID; (2) cognates of the word creation (creationism and creationist), which appeared approximately 150 times were deliberately and systematically replaced with the phrase ID; and (3) the changes occurred shortly after the Supreme Court held that creation science is religious and cannot be taught in public school science classes in Edwards. This word substitution is telling, significant, and reveals that a purposeful change of words was effected without any corresponding change in content, which directly refutes FTE’s argument that by merely disregarding the words “creation” and “creationism,” FTE expressly rejected creationism in Pandas. In early pre-Edwards drafts of Pandas, the term “creation” was defined as “various forms of life that began abruptly through an intelligent agency with their distinctive features intact – fish with fins and scales, birds with feathers, beaks, and wings, etc,” the very same way in which ID is defined in the subsequent published versions. (P-560 at 210; P-1 at 2-13; P-562 at 2-14, P-652 at 2-15; P-6 at 99-100; P-11 at 99-100; P-856.2.). This definition was described by many witnesses for both parties, notably including defense experts Minnich and Fuller, as “special creation” of kinds of animals, an inherently religious and creationist concept. (28:85-86 (Fuller); Minnich Dep. at 34, May 26, 2005; Trial Tr. vol. 1, Miller Test., 141-42, Sept. 26, 2005; 9:10 (Haught); Trial Tr. vol. 33, Bonsell Test., 54-56, Oct. 31, 2005). Professor Behe’s assertion that this passage was merely a description of appearances in the fossil record is illogical and defies the weight of the evidence that the passage is a conclusion about how life began based upon an interpretation of the fossil record, which is reinforced by the content of drafts of Pandas.

The weight of the evidence clearly demonstrates, as noted, that the systemic change from “creation” to “intelligent design” occurred sometime in 1987, after the Supreme Court’s important Edwards decision. This compelling evidence strongly supports Plaintiffs’ assertion that ID is creationism re-labeled. Importantly, the objective observer, whether adult or child, would conclude from the fact that Pandas posits a master intellect that the intelligent designer is God.

The polite thing to do before now has been to play along with the idea that Intelligent Design had some scientific basis and to refute it on scientific grounds. But now that even a federal district judge has been able to see through the charade and get to the substance of the matter, we don’t need to do that anymore. ID is an attempt to sneak supernaturalism into science classes, and it’s illegal.

That it’s also bad theology is almost beside the point, except for religious people who stand by the commandment about bearing false witness.

This is a great day for American science education. Now if we can get the feminist/liberal crap out of the social sciences the victory of science over propaganda will be complete.

ID prophet Bill Dembski is strangely cryptic about Dover, which he wrongly predicted, and the rest of the Discovery Institute frauds are completely silent. UPDATE: DI’er Paul Nelson says it’s no big deal:

There’s not a lot to say about yesterday’s opinion in Kitzmiller v. Dover. The oucome was as predictable as the sun rising, with the only question of interest being the possible breadth of the ruling. On that score, Judge John Jones III went for the Full Overton (see below), with an added half-rotation before entry.

Panda’s Thumb has interesting commentary, as does Steve Verdon at Outside the Beltway.

Via Mumon, here’s the closing para from The Skeptic’s review of the case:

Kitzmiller provides an excellent case study of evolution in action; ironically, in this case how the language of creationists has adapted to changing cultural environments. The defense argued that Intelligent Design is an entirely new species unrelated to creation science, and the plaintiffs expertly demonstrated both the clear ancestral relationship between creationism and ID and the selective pressure of higher court decisions that caused the speciation. With that phylogenetic relationship clearly established in the trial, the judge evidently decided that creationism had not mutated enough to survive as the new species of Intelligent Design.

Heh, indeed, RTWT.

Supporting the Death Penalty

I’m opposed to the death penalty and have been for quite some time. While there are several good reasons to oppose the death penalty, the one that I find most compelling is the sloppiness of the criminal justice system. Eye-witness testimony is notoriously inaccurate, and it’s the gold standard of evidence, and physical evidence is … Continue reading “Supporting the Death Penalty”

I’m opposed to the death penalty and have been for quite some time. While there are several good reasons to oppose the death penalty, the one that I find most compelling is the sloppiness of the criminal justice system. Eye-witness testimony is notoriously inaccurate, and it’s the gold standard of evidence, and physical evidence is too frequently inconclusive with respect to the link between the crime and the accused. We may know that a certain gun fired the bullet that killed someone, but we rarely have certainty that person X fired that gun, let alone what his motivation may have been. So a small element of doubt remains in most death penalty convictions, and that’s enough for me to oppose a punishment that forecloses the discovery and the correction of errors that may have been made in the trial. This is a slim reed in an era in which every death penalty conviction is appealed and appealed for one or two decades, of course, and a non-existent objection in cases in which the evidence is clear and overwhelming.

But my experience is that I become more and more willing to accept the death penalty every time the celebrities leave their gated mansions to lecture the rest of us on morality. Bianca Jagger, Susan Sarandon, Tom Hayden, and Jesse Jackson have nothing to teach us about morality.

Jagger’s only achievement in this life was to marry Mick Jagger for a brief time, and Hayden has a similar resume as the most expensive ex-husband of Jane Fonda and former occupant of the most expensive seat in the California Assembly. Sarandon named a child after Jack Henry Abbott, the brutal killer who murdered a waiter just six weeks after Norman Mailer and a host of other celebrities secured his release from prison on a prior murder. And Jesse Jackson is simply a shake-down artist, a philanderer, and an opportunist.

Hayden argued that Tookie Williams should have been pardoned because he was part of a revolutionary vanguard that threatened to bring down capitalism presumably because it was an impediment to dealing drugs, and the Religious Left made all sorts of incoherent and self-righteous arguments about God’s mercy, redemption, and social science. This tradition goes back to Gandhi’s notoriously false assertion that “an eye for an eye makes us all blind.” I’m not blind and neither are you.

The death penalty does exactly nothing to prevent redemption, salvation, or conversion. We all die, and the only difference between death row inmates and the rest of us is that they know when, where, and how it’s going to happen. If redemption is in the cards, they know the schedule and have a leg up on the rest of us. And if religious conversion is driven strictly by God, the timetable is absolutely unimportant.

We have the death penalty because most of us believe that some crimes are so horrible that it’s inconceivable that their perpetrators should be allowed to live and breath the same air as the rest of us. We can all conceive of some crime so horrible that it should qualify: Hitler’s gassing of millions, the rape and torture of a bus load of school children, the negligent drowning of sex worker, or the execution of a twelve-year-old child by a shotgun blast to the face after she’s been made to watch the killing of her mother and father, Tookie’s crime. So the death penalty is here to stay.

If Hollywood’s activists have so much time on their hands that they have no choice but to lecture us on the death penalty (between their divorces and trips to rehab), it would certainly be a lot more palatable if they could find a more suitable poster child than Tookie Williams. Their support of such a monster makes them look downright dim.

Sounds like fun

Today’s debate in the US House is the sort of thoughtful deliberation I like to see: The fiery, emotional debate climaxed when Rep. Jean Schmidt, R-Ohio, the most junior member of the House, told of a phone call she received from a Marine colonel. “He asked me to send Congress a message: stay the course. … Continue reading “Sounds like fun”

Today’s debate in the US House is the sort of thoughtful deliberation I like to see:

The fiery, emotional debate climaxed when Rep. Jean Schmidt, R-Ohio, the most junior member of the House, told of a phone call she received from a Marine colonel.

“He asked me to send Congress a message: stay the course. He also asked me to send Congressman Murtha a message: cowards cut and run, Marines never do,” Schmidt said.

Democrats booed and shouted her down, causing the House to come to a standstill.

I believe poor Mr. Murtha is sincere but misguided, and because of that, doesn’t deserve being called a coward; Ms. Schmidt should dial her rhetoric down a notch.

The Republicans aced the Democrats on this one. Murtha’s resolution was basically an immediate troop withdrawal with all sorts of loopholes and caveats that would have provided too much cover to members trying to have it both ways. It’s right that the troops in Iraq should know that their mission is, and how its success will be measured.

Schwarzenegger’s setback

It’s a shame that Arnie’s reform proposals all flamed-out at the polls yesterday. California desperately needs redistricting, and the other proposals to blunt public employee union influence and balance the budget were commendable. Arnie blew this election by running a shoddy campaign, putting too many things on the ballot, and holding a special election instead … Continue reading “Schwarzenegger’s setback”

It’s a shame that Arnie’s reform proposals all flamed-out at the polls yesterday. California desperately needs redistricting, and the other proposals to blunt public employee union influence and balance the budget were commendable. Arnie blew this election by running a shoddy campaign, putting too many things on the ballot, and holding a special election instead of letting the voters deal with his reforms during a high-turnout regular election.

But all is not lost. Dan Walters, the king of California poilitical journalists, writes a prescription:

The final weeks of the campaign gave flashes of the more thoughtful approach that would better serve his – and Californians’ – interests. He performed well during his unscripted television appearances, making cogent arguments for reform. He should continue in that vein, laying out the issues and the contradictions inherent in governing such a complex state without sugar-coating, and beginning the laborious task of rebuilding the trust that Californians invested him in 2003.

That said, he need not surrender to the forces of the status quo who apparently prevailed in Tuesday’s election. The status quo is not acceptable. The state budget process is screwed up, the gerrymandered legislative districts create an undemocratic and unresponsive Legislature and the public education system is performing poorly. One might fault Schwarzenegger’s prescriptions – and his campaign for them was poorly conceived and executed – but the issues themselves are very legitimate.

Schwarzenegger, having stumbled so badly, may be tempted to back away from confronting the status quo and do some face-saving small beer deals with the Legislature to rebuild his popularity and win re-election, much as he did in the first months of his governorship. That, however, would be doing himself and the state an immense disservice because California cannot afford to delay addressing pressing matters that have been ignored for far too long.

A straight-talking, humbled Schwarzenegger would lay out the issues that need attention and offer specific and credible proposals to deal with them, no matter what the reaction would be from those inside the Capitol who are more interested in playing partisan or ideological games than taking care of the public’s business.

Schwarzenegger’s political internship is over; it’s time to get serious.

It’s move forward with reforms or choke in the status quo for California.

Zell gets it

It’s like a spy thriller. Institutional rivalries and political loyalties have fostered an intelligence officer’s resentment against the government. Suddenly, an opportunity appears for the agent to undercut the national leadership. A vital question of intelligence forms the core justification for controversial military actions by the current leaders. If this agent can get in the … Continue reading “Zell gets it”

It’s like a spy thriller. Institutional rivalries and political loyalties have fostered an intelligence officer’s resentment against the government. Suddenly, an opportunity appears for the agent to undercut the national leadership. A vital question of intelligence forms the core justification for controversial military actions by the current leaders. If this agent can get in the middle of that question, distort that information and make it public, the agent might foster regime change in the upcoming election.

But the rules on agents are clear. They can’t purposely distort gathered intelligence, go public with secret information or use their position or information to manipulate domestic elections or matters without risking their job or jail.

But their spouse can.

Read the whole thing.

Death to Schiavo, Save the Babies

The right is severely confused and conflicted about federal judges. They want judicial restraint when they believe states will do the right thing, as in the case of abortion rights, but they want an activist federal judiciary when they don’t trust the states. Florida especially never seems to do the right thing, whether it’s counting … Continue reading “Death to Schiavo, Save the Babies”

The right is severely confused and conflicted about federal judges. They want judicial restraint when they believe states will do the right thing, as in the case of abortion rights, but they want an activist federal judiciary when they don’t trust the states. Florida especially never seems to do the right thing, whether it’s counting votes or pulling the plug on the irreversibly brain dead and chronically comatose.

But the problem is that you can’t have it both ways: either the states have meaningful power to enact public policy or they don’t. We observed on this very blog that Harriet Miers was nominated because the White House decided to go the activist route. They apparently reasoned that the right’s frustration over their inability to “save” Schiavo through extraordinary legal means was paramount, and besides, there were good if cynical political reasons to keep Roe on the books.

It turns out they miscalculated, underestimating the fickleness of their base and the depth of feeling about Roe. So we got Sam Alito, the very model of judicial restraint, the kind of judge who would strike down Roe in a heartbeat and leave the state of Florida to decide Terri Schiavo’s fate. So be it.

David Broder, bless his heart, adds to the confusion about Alito in this column on the wussiness of the President:

Under other circumstances, President Bush’s choice of Judge Samuel Alito for the Supreme Court would have been seen as a bold move by a strong president with a clear policy objective. By choosing a man of superior intellectual heft and an indelible record of conservative views on major social issues, Bush would have been challenging his critics on the Democratic side to test their arguments in an arena where everything favored him: a Republican Senate. (emphasis added)

No, no, no. The Supreme Court doesn’t have “views on social issues”. Supreme Court justices have views on Constitutional issues which may be said to be liberal or conservative independent of their policy wishes. Can we please get this right and stop pretending that Alito thinks strip-searching 10-year-olds or requiring spousal notification before abortion are “good ideas?” His job isn’t to express his wishes, it’s to decide if the state has the powers that it thinks it has, period.

Public policy is the province of the legislative branch. Really.

HT John Cole.

Alito and the rights of fathers

It appears that the dissent Alito wrote in Casey is going to play very heavily in the discussion on his confirmation. So here’s a link to it and a bit of the essence: My disagreement with the majority regarding a single provision of the Pennsylvania Abortion Control Act, 18 Pa.Cons.Stat.Ann. § 3201 et seq. (1983 … Continue reading “Alito and the rights of fathers”

It appears that the dissent Alito wrote in Casey is going to play very heavily in the discussion on his confirmation. So here’s a link to it and a bit of the essence:

My disagreement with the majority regarding a single provision of the Pennsylvania Abortion Control Act, 18 Pa.Cons.Stat.Ann. § 3201 et seq. (1983 & Supp.1991), results from disagreement about the portion of Justice O’Connor’s two-part test that must be applied to this provision. Under that test, as the majority explains, a law that imposes an “undue burden” must serve a “compelling” state interest. By contrast, a law that does not impose an “undue burden” must simply be “rationally” or “reasonably” related to a “legitimate” state interest. The majority holds that Section 3209 constitutes an undue burden. The majority therefore applies the first prong of the two-part test and strikes down Section 3209 on the ground that it does not serve a “compelling” interest. I do not believe that Section 3209 has been shown to impose an undue burden as that term is used in the relevant Supreme Court opinions; I therefore apply the second prong of the two-part test; and I conclude that Section 3209 is constitutional because it is “rationally related” to a “legitimate” state interest.

Although the majority and I apply different prongs of this two-part test, I see no indication that we disagree concerning the conclusion produced when either prong is applied to Section 3209. If the majority is correct that Section 3209 must satisfy heightened scrutiny, I agree that its constitutionality is doubtful. Similarly, I do not interpret the majority opinion to mean that Section 3209 cannot satisfy the rational relationship test. Indeed, the majority acknowledges that Section 3209 serves a “legitimate” interest. See majority opin. at 715, 716. Thus, my major disagreement with the majority concerns the question whether Section 3209 imposes an “undue burden,” and I will therefore turn to that question.

It strikes me as well-researched and well-reasoned, and if there’s a problem behind it at all it’s in the vagueness of O’Connor’s concept of “undue burden.”

Eolas ruling affirmed

The Supreme Court has declined to get involved in the Eolas case: WASHINGTON — The U.S. Supreme Court Monday refused to hear an appeal from Microsoft Corp. challenging the methodology under which damages were calculated in a patent lawsuit filed by Eolas Technologies Inc. and the University of California over features in the software giant’s … Continue reading “Eolas ruling affirmed”

The Supreme Court has declined to get involved in the Eolas case:

WASHINGTON — The U.S. Supreme Court Monday refused to hear an appeal from Microsoft Corp. challenging the methodology under which damages were calculated in a patent lawsuit filed by Eolas Technologies Inc. and the University of California over features in the software giant’s Web browser.

Rejection of the appeal leaves the fate of the lawsuit in a U.S. District Court in Virginia, which was earlier this year ordered by a federal appeals court to hold new proceedings on the disputed patent technologies in Microsoft’s Internet Explorer. That March ruling threw out portions of the ruling against Microsoft, which included a $521 million damages award that with interest grew to $560 million.

That’s it for Microsoft, now it’s “pay, pay and more pay.” This is what happens when you create a massive software giveaway program just to kill a rival.

AOL Founder Case Resigns From Time Warner Board

Here’s one of those “end of an era” things: America Online co-founder Steve Case resigned from the board of Time Warner Inc., five years after the media giant’s painful merger with the Internet service he helped create. The AOL takeover of Time/Warner was emblematic of the irrational exuberance of the dot com bubble (some would … Continue reading “AOL Founder Case Resigns From Time Warner Board”

Here’s one of those “end of an era” things:

America Online co-founder Steve Case resigned from the board of Time Warner Inc., five years after the media giant’s painful merger with the Internet service he helped create.

The AOL takeover of Time/Warner was emblematic of the irrational exuberance of the dot com bubble (some would say “swindle”), and Case’s departure from the TW board says dot com foolishness is all over.

OK, let’s get on with VoIP and home media networks.

Valuable endorsement

I’m sure the endorsement of the Gun Owners of America will help Judge Alito: Judge Samuel Alito, Jr., in the Third Circuit, has argued that Congress has no right to regulate the private possession of machine guns. Cool. HT Billy the Quick

I’m sure the endorsement of the Gun Owners of America will help Judge Alito:

Judge Samuel Alito, Jr., in the Third Circuit, has argued that Congress has no right to regulate the private possession of machine guns.

Cool.

HT Billy the Quick