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A Comparison of Judge Jones’ Opinion in Kitzmiller v. Dover with Plaintiffs’ Proposed “Findings of Fact and Conclusions of Law”

Original Article

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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John G. West

Senior Fellow, Associate Director, and Vice President of Discovery Institute
Dr. John G. West is Vice President of the Seattle-based Discovery Institute and Associate Director of the Institute’s Center for Science and Culture. Formerly the Chair of the Department of Political Science and Geography at Seattle Pacific University, West is an award-winning author and documentary filmmaker who has written or edited 12 books, including Darwin Day in America: How Our Politics and Culture Have Been Dehumanized in the Name of Science, The Magician’s Twin: C. S. Lewis on Science, Scientism, and Society, and Walt Disney and Live Action: The Disney Studio’s Live-Action Features of the 1950s and 60s. His documentary films include Fire-Maker, Revolutionary, The War on Humans, and (most recently) Human Zoos. West holds a PhD in Government from Claremont Graduate University, and he has been interviewed by media outlets such as CNN, Fox News, Reuters, Time magazine, The New York Times, USA Today, and The Washington Post.

David K. DeWolf

David K. DeWolf is a Professor of Law at Gonzaga School of Law in Spokane, Washington and a Senior Fellow at Discovery Institute's Center for Science and Culture. A graduate of Stanford University and Yale Law School, Professor DeWolf has clerked for the Honorable Stephen Bistline of the Idaho Supreme Court. He has written a briefing book for public school administrators, Teaching the Controversy: Darwinism, Design and the Public School Curriculum.