Leon Kass has stepped down as chairman of the President’s Council on Bioethics. On one level, I am happy for Kass. For four years he has broiled in the pressure cooker of Washington politics, subjected to vituperation and vicious calumny from the bioethics and science establishments for his heterodox (to them) defense of the intrinsic dignity and importance of human Read More ›
Original Article Last year, the Dover School District Board in York County adopted a policy that makes students aware that evolution is a theory and not fact. The policy also states, ”Intelligent design is an explanation of the origin of life that differs from Darwin’s view.” Representing 11 parents who object to the policy, the American Civil Liberties Union and Read More ›
This article, published by The Spokesman-Review, quotes Discovery Institute Center for Science & Culture Senior Fellow David DeWolf: “If my boss can tell me, in effect, what the script is, how to read from that script, then I’ve lost my independence as a faculty member,” said David DeWolf, a professor at Gonzaga School of Law who is also a senior fellow at the Read More ›
Seattle, Oct. 6 – “Forrest is playing word games, without looking at the meaning of the words,” said Casey Luskin, program officer for public policy and legal affairs at Discovery Institute’s Center for Science & Culture, in response to an intelligent design opponent’s testimony. Plaintiff’s witness, Dr. Barbara Forrest, pointed to the word “creation” in early drafts of the supplemental textbook Read More ›
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.”
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