This article, published by the Associated Press, mentions Discovery Institute: Hours after White’s letter reached students, staff and faculty on Tuesday, the Discovery Institute, a Seattle public policy group that funds research into intelligent design, blasted the order as an unconstitutional assault on academic freedom and free speech. The rest of the article can be found here.
President Bush’s choice of White House counsel Harriet Miers has prompted much criticism, but his friends miss perhaps the biggest problem with the nomination: the likelihood that if confirmed the new Justice, because of her White House work, will recuse herself in major cases where her vote could prove decisive — notably, war cases. The White House can claim executive privilege and refuse the Senate Miers’s memos written as White House counsel. While executive privilege can be breached in extraordinary circumstances such as a criminal investigation (e.g., Watergate), a routine confirmation hearing fails to surmount that hurdle. Senators can, of course, vote down a nominee who declines, however lawfully, to supply requested information.
But if Senators are prevented from seeing memos they should ask on what actual cases Miers has advised the President. Under federal law, if Ms. Miers is confirmed, and has professionally advised on a matter that subsequently comes before her on the bench, she must recuse herself. Federal law is quite specific here. Title 28 U.S. Code sec. 455 covers recusal of judges, justices, and magistrate judges. Sec, 455 (b)(3) recites one ground for mandatory recusal: “Where [a judge, justice, magistrate judge] has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy.” Sec. 455 (e) adds: “No justice, judge or magistrate judge shall accept from the parties to the proceeding a waiver of any ground for disqualification enumerated in subsection (b).”
One case already is wending its way to the Supreme Court: a July 15 unanimous decision by the U.S. Court of Appeals, D.C. Circuit, upholding the right of the government to detain and try unlawful combatants without giving detainees rights under the Geneva Conventions. One member of that three-judge panel was Chief Justice Roberts, who must thus recuse himself on appeal to the Supremes.
If Miers also recuses this would deprive the Administration of two votes in a vital case where every vote is needed to prevail. This case is of utmost import, involving how suspects may be interrogated and whether they may be detained without criminal process. Only two votes — Scalia and Thomas — seem likely to affirm; four are very unlikely (Stevens, Souter, Ginsburg, Breyer); one (Kennedy) is iffy. With Roberts sidelined the O’Connor successor’s vote in this case is essential to reach a 4-4 affirmation on appeal.
Read More ›Click here to listen to the complete NPR story. This article is exerpted from the full report by Barbara Bradley Hagert, broadcast on Nov. 10, 2005For more information about Richard Sternberg click here. Intelligent design — the idea that life is too complex to have evolved through Darwinian evolution — is stirring up controversy not only in high school classrooms Read More ›
Seattle – Today, Southeastern Louisiana University philosophy professor Barbara Forrest testified in the Kitzmiller v. Dover trial that it is her opinion that intelligent design and creationism are essentially one in the same. “I hope that the media will critically analyze Forrest’s testimony and get our response to her allegations,” said John West. “I would warn them to take what she Read More ›
Original Article Indiana House Majority Leader Bill Friend knew that just asking constituents about the teaching of “intelligent design” in public school science classes could stir controversy. “We were trying to see if this is a hot-button issue for people,” said Friend, one of 36 Republican lawmakers who included the issue on a survey. All they had to do was Read More ›
Harrisburg, PA – Eighty-five scientists have filed an Amicus Brief in the Kitzmiller v. Dover trial asking the Judge to “affirm the freedom of scientists to pursue scientific evidence wherever it may lead” and not limit research into the scientific theory of intelligent design. Not all the signers are proponents of intelligent design, but they do agree “that protecting the freedom to pursue scientific evidence for intelligent design stimulates the advance of scientific knowledge.”
Read More ›SEATTLE – “Every educator should be alarmed when an institution’s administrator issues an order preventing faculty from teaching `differing views’ about the subject they teach.” said David DeWolf, professor at Gonzaga University Law School. “Yet that is precisely what President Timothy White of the University of Idaho did when he issued a letter informing faculty, staff and students that it was Read More ›
Astronomers are discovering that the earth is anything but unremarkable and that it may very well be unique in its ability to support intelligent life. Dr. Jay Richards, co-author of the provocative new book The Privileged Planet, will discuss why the earth’s location and design make not only life, but scientific discovery possible. Dr. Richards, Vice-President of Discovery Institute, has Read More ›
This article, published by Religion News Service, quotes Bruce Chapman of Discovery Institute: Bruce Chapman, president of the Seattle-based Discovery Institute, who worked to develop Schönborn’s July 7 op-ed and is a major proponent of intelligent design, said it appears the pope was merely trying to “correct the misstatements” about church teaching on evolution. “The traditional view of the church Read More ›
Original Article I dont believe that the universe was intelligently designed. I don’t think that “intelligent design” is a scientific theory: It appeals to the supernatural and cannot be empirically tested. I think its proponents have religious motivations for trying to insert it into the curriculum. But I also believe it should be taught in high school biology classes. The Read More ›