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A Comparison of Judge Jones' Opinion in Kitzmiller v. Dover with Plaintiffs� Proposed �Findings of Fact and Conclusions of Law�
By: David DeWolf & John West
Discovery Institute
December 12, 2006


EXECUTIVE SUMMARY
In December of 2005, critics of the theory of intelligent design (ID) hailed federal judge John E. Jones' ruling in Kitzmiller v. Dover, which declared unconstitutional the reading of a statement about intelligent design in public school science classrooms in Dover, Pennsylvania. Since the decision was issued, Jones' 139-page judicial opinion has been lavished with praise as a "masterful decision" based on careful and independent analysis of the evidence. However, a new analysis of the text of the Kitzmiller decision reveals that nearly all of Judge Jones' lengthy examination of "whether ID is science" came not from his own efforts or analysis but from wording supplied by ACLU attorneys. In fact, 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" submitted to Judge Jones nearly a month before his ruling. Judge Jones even copied several clearly erroneous factual claims made by the ACLU. The finding that most of Judge Jones' analysis of intelligent design was apparently not the product of his own original deliberative activity seriously undercuts the credibility of Judge Jones' examination of the scientific validity of intelligent design.

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