The Skeptical Teacher

Musings of a science teacher & skeptic in an age of woo.

Posts Tagged ‘judge’

The Tenth Anniversary of Dover & the Demise of Intelligent Design’s Wedge Strategy

Posted by mattusmaximus on December 20, 2015

Ten years ago today, on Dec. 20th 2005, skeptics, scientists, and science-boosters celebrated a huge win in the perpetual creationist war against evolutionary science: the historic ruling in the Dover v. Kitzmiller trial. The ruling by federal judge John Jones in the Dover case was a no-holds barred beat-down against the notion of so-called “intelligent design” (ID) as science.

Judge Jones

Judge John Jones – my hero:) (image source)

For those who don’t know, it is important to understand the historical context: in the early 1990s, creationists were trying to figure out a way to move forward after having suffered a major setback when, in 1987, the Supreme Court ruled that creationism wasn’t science and therefore could not be taught as such in public schools. Through the 1990s on into the early 2000s, creationists came up with a new way of branding their ideas, which they called Intelligent Design (ID). The Intelligent Design Movement (IDM – which is just another way of saying “creationist movement”) put together a slick and well-funded think tank known as the Discovery Institute, whose sole purpose at the time was to write about and promote the whole notion of ID as a scientific concept. However, some digging revealed that ID was simply a thinly-veiled attempt to rename and relabel the old-fashioned creationism that had been defeated time and time again through both scientific analysis and courtroom rulings; further investigation also showed that the IDM’s motives were explicitly religious in nature and had little or nothing to do with science. In fact, the IDM’s own stated goals were to, among other things, completely overturn and re-define the entire endeavor of science so as to be in keeping with their narrow religious worldview; in fact, the IDM explicitly stated as much in their now-infamous Wedge Document (an actual PDF of the original document can be found here) in the section titled Goals

Governing Goals

  • To defeat scientific materialism and its destructive moral, cultural and political legacies.
  • to replace materialistic explanations with the theistic understanding that nature and human beings are created by God.

Five Year Goals

  • To see intelligent design theory as an accepted alternative in the sciences and scientific research being done from the perspective of design theory.
  • To see the beginning of the influence of design theory in spheres other than natural science.
  • To see major new debates in education, life issues, legal and personal responsibility pushed to the front of the national agenda.

Twenty Year Goals

  • To see intelligent design theory as the dominant perspective in science.
  • To see design theory application in specific fields, including molecular biology, biochemistry, paleontology, physics and cosmology in the natural sciences, psychology, ethics, politics, theology and philosophy in the humanities; to see its influence in the fine arts.
  • To see design theory permeate our religious, cultural, moral and political life. [emphasis added]

The IDM pushed the idea of ID in the popular press, trying to avoid any religious overtones, attempting to make it look like a scientific concept. But all along, the real goal of the IDM and Discovery Institute was to get a federal court ruling in their favor stating that ID itself was a scientific concept so that they could “push the thin edge of their Wedge” into public school science classrooms as part of their larger goal to, in their own words, have their narrow religious beliefs “permeate our religious, cultural, moral and political life.”

In 2004 the IDM got what it wanted in the form of a federal court case wherein ID was put on trial after the school board of Dover, PA tried to force science teachers in the town’s public school district to teach ID as science. The IDM and Discovery Institute thought this case was going to be a slam dunk for them, partly because Judge Jones was both a Republican and appointed to the federal bench by President George W. Bush and they thought he would be sympathetic to their worldview, but also partly because they really believed they had good arguments. As it turned out, they were wrong on both counts. Here’s just a taste of what Judge Jones had to say in his ruling of Dover v. Kitzmiller (a more thorough break down, including the all-too-predictable reaction from creationists, can be found here)…

(from p. 63 of the ruling):

“After a searching review of the record and applicable case law, we find that while ID arguments may be true, a proposition on which the Court takes no position,ID is not science. We find that ID fails on three different levels, any one of which is sufficient to preclude a determination that ID is science. They are: (1) ID violates the centuries-old ground rules of science by invoking and permitting supernatural causation; (2) the argument of irreducible complexity, central to ID, employs the same flawed and illogical contrived dualism that doomed creation science in the 1980’s; and (3) ID’s negative attacks on evolution have been refuted by the scientific community. As we will discuss in more detail below, it is additionally important to note that ID has failed to gain acceptance in the scientific community, it has not generated peer-reviewed publications, nor has it been the subject of testing and research.”

(from p. 88-89 of the ruling):

“After this searching and careful review of ID as espoused by its proponents, as elaborated upon in submissions to the Court, and as scrutinized over a six week trial, we find that ID is not science and cannot be adjudged a valid, accepted scientific theory as it has failed to publish in peer-reviewed journals, engage in research and testing, and gain acceptance in the scientific community. ID, as noted, is grounded in theology, not science. Accepting for the sake of argument its proponents’, as well as Defendants’ argument that to introduce ID to students will encourage critical thinking, it still has utterly no place in a science curriculum. Moreover, ID’s backers have sought to avoid the scientific scrutiny which we have now determined that it cannot withstand by advocating that the controversy, but not ID itself, should be taught in science class. This tactic is at best disingenuous, and at worst a canard. The goal of the IDM [Intelligent Design Movement] is not to encourage critical thought, but to foment a revolution which would supplant evolutionary theory with ID.”

(and the money quote, from p. 136 of the ruling):

“The proper application of both the endorsement and Lemon tests to the facts of this case makes it abundantly clear that the Board’s ID Policy violates the Establishment Clause. In making this determination, we have addressed the seminal question of whether ID is science. We have concluded that it is not, and moreover that ID cannot uncouple itself from its creationist, and thus religious, antecedents.”

More juicy quotes from Judge Jones can be found here and here.

So after this high-profile defeat of their pet “theory”, what did the IDM do? Sadly, they kept on doing the same thing: misrepresenting evolution and science in an attempt to give ID some thin veneer of credibility. But it was too late, because Dover clearly showed the emperor had no clothes, and only those already committed to the creationist cause kept up their attempt to promote ID as science.

Some years after the Dover ruling, I had the opportunity to attend a talk by Casey Luskin, who at the time worked for the Discovery Institute, and I was interested in seeing whether or not ID’s biggest proponents had lived up to their talk of ID being science. That’s because actual science adapts and evolves, refining theories as a result of observation and experimentation. But I saw no evidence of this in Luskin’s talk; in fact, I saw quite the opposite: little more than a sad rehashing of the same tired old creationist arguments against evolution, lame attempts to label ID as science, ranting against the evils of materialism, and a  general collapse of all arguments under even the barest scrutiny. Here is my more detailed account of Luskin’s talk, and here is his response to my criticism. Lastly, in the spirit of throwing Luskin and his colleagues at the Discovery Institute a bone, I even came up with an experimental method for testing a key aspect of ID, but – ironically – they have yet to take up that (or any other) challenge and actually test out this supposedly scientific concept.

Of course, to say that creationism is dead and buried would be incorrect. After all, once the IDM could no longer promote ID as science, they fell back on the time-honored creationist tactic of attacking evolution and science in general, and these attacks still continue; a great way to keep track of attempts by creationists and others to tamper with science education is to stay tuned to the National Center for Science Education. Fortunately, the evidence suggests that creationists are, slowly but surely, losing the fight as more and more Americans become accepting of evolutionary science and view creationism with suspicion. It’s been a long, hard fight, but it’s one well worth having, given the stakes. And we’ll continue the fight as long as it takes.

Last, but not least, I cannot help but point out the irony of the timing: right around now is when the writers of the Wedge Document stated that they had hoped to have ID “permeate our religious, cultural, moral and political life”, and – thanks in large part to the Dover ruling – that certainly hasn’t come to pass.

Happy 10th birthday, Dover v. Kitzmiller:)

 

Posted in creationism, education | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment »

Satanic Temple Convinces Florida School District that Church-State Separation is a Good Thing

Posted by mattusmaximus on January 17, 2015

In recent years, the Satanic Temple has been getting more and more attention as they have been attempting to make themselves more visible in the public eye. In fact, they’ve taken a page from the tactics employed by many Christian churches, and they have begun to demand a place in erecting holiday displays, advocating for religious monuments on public land, and even distributing literature at public schools.

And it’s that last point which is so interesting and ironic: last fall a judge ruled that religious pamphlets could be handed out in public schools in Orange County, Florida. School officials seemed just fine with this scheme as long as it was only Christian literature and Bibles that were handed out to kids, but then along came the Satanic Temple…

Satanists victorious in wild scheme to disrupt Florida school district’s Bible plan

In September of last year the Satanic Temple revealed plans to disseminate the “Satanic Children’s Big Book of Activities,” to kids in a Florida school district.

The Satanic Temple along with the Freedom From Religion Foundation (FFRF) were responding to a ruling, which let the Orange County school district allow religious and atheist organizations to distribute materials — including bibles and other pamphlets — in public schools.

Since religious and atheist materials could be handed out, the Satanic Temple made a request to hand out the aforementioned activity book, while the Freedom From Religion Foundation planned to hand out a pamphlet describing the bible as an “X-rated book.”

Now, the Satanic Temple’s request has the school district rethinking its policy, and the district is currently putting the distribution of all religious paraphernalia on hold, according to WFTV-TV.

“We don’t want our schools to become religious battlefields,” David Williamson, of FFRF, told WFTV-TV. “We’ve advocated all along to close the forum.”

So in a hilarious and embarrassing turnabout, the school district did what they probably should have done all along: they decided that in order to respect the separation of church and state they should probably just not allow any religious organizations to distribute literature in the public schools.

In closing, I think it’s fair to say that a picture is worth a thousand words:)

prayer-in-school

Posted in education, politics, religion | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment »

Charlatan Kevin Trudeau Goes to Prison

Posted by mattusmaximus on March 22, 2014

A few years ago, I wrote a blog post about that most infamous of anti-medical charlatans, Kevin Trudeau, and how he was doing all that he could to dodge both common decency and the law by continuing to push his “Natural Cures” nonsense…

Many times you’ll hear skeptics venting their spleens about this huckster or that charlatan and “How is it possible they’re allowed to get away with this crap?!”  One of the worst such pseudoscientific offenders in recent years has been “natural cures” quack Kevin Trudeau, who has used his infomercial sales pitches to convince countless people that he has a cure for cancer (he doesn’t) and that they shouldn’t trust modern, science-based medicine because “‘They’ don’t want you to know the truth”.  I think it would be reasonable to say that Trudeau has not only bilked people out of millions of dollars with his bogus “cures”, but in addition that his nonsensical anti-scientific conspiracy mongering has even gotten some people who believed him killed. …

… Well, I think this is one case in which the charlatan is getting his just-desserts.  Of course, to Trudeau’s followers, this will likely be interpreted as more evidence of their “Big Pharma/Big Medicine/Big Government” conspiracy theory, and they will paint Trudeau as a martyr for the alt-med cause. Which is fine with me, so long as Trudeau is a martyr in jail. [emphasis added]

Well, today I am happy to report that, while the wheels of justice do indeed grind slowly, Kevin Trudeau has finally gotten what he deserves: a long stay in prison:)

TV pitchman Kevin Trudeau gets 10-year sentence

Best-selling author Kevin Trudeau, whose name became synonymous with late-night TV pitches, was sentenced to 10 years in prison Monday for bilking consumers through ubiquitous infomercials for his book, “The Weight Loss Cure ‘They’ Don’t Want You to Know About.”

As he imposed the sentence prosecutors had requested, U.S. District Judge Ronald Guzman portrayed the 50-year-old Trudeau as a habitual fraudster going back to his early adulthood. So brazen was Trudeau, the judge said, he once even used his own mother’s Social Security number in a scheme.

“Since his 20s, he has steadfastly attempted to cheat others for his own gain,” Guzman said, adding that Trudeau is “deceitful to the very core.” …

I could go on, but suffice it to say that despite Trudeau’s lame attempts to defend himself and his actions, the judge was having none of it.  Too often hucksters and liars like Trudeau play upon the fears and ignorance of science and critical thinking among the general population in order to line their own pockets or push an agenda (other notable examples include the late Sylvia Browne and creationist Ken Ham).

What is so satisfying about this outcome is the fact that, when the chips are down and someone like Trudeau and his ilk wind up in court, what really matters isn’t talking points, it’s all about evidence and logical arguments.  That’s why creationists have consistently lost in the courts, and that’s also why Trudeau is now going to prison… because they have no evidence to back up their baseless claims.

Personally, I’d like to see more of this kind of thing; hopefully, it will send a message to those pseudoscientists who want to play doctor but not actually be responsible for what they say.  But for now, I shall bask in the afterglow of Trudeau’s epic pwning…

pwned-facekick

Posted in medical woo | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

The State of Louisiana Comes Lurching into the 20th Century!

Posted by mattusmaximus on December 5, 2012

My friend and skeptical colleague Phil over at Skeptic Money has passed along some welcome news: the Louisiana private school voucher program has been found to be unconstitutional!  Whoo-hoo!!!  :)[**Aside: If you recall, the state of Louisiana has been a hotbed of creationist activity over the years; more on that here and here.  And yes, that fact is important.  Read on…]

This is news partly because the program was being used to funnel public school money to private religious schools which specialized in indoctrinating children into fundamentalist forms of Christianity which taught, among other things, creationism as “science”.  In addition, let us also not forget that this was the award-winning 21st century educational plan which would teach that the Loch Ness Monster was real as a way of supporting creationism.  Phil has some more interesting information on these developments:

Louisiana $11 Million Creationism Give Away 

News from the State of Louisiana today!

“A state judge on Friday shot down Louisiana’s sweeping school voucher program, ruling that the state could not use funds set aside for public education to pay private-school tuition…”

This is huge.  They were going to spend $11 Million to teach creationism.

“Louisiana is preparing to spend over $11 million to send 1,365 students to 20 private schools that teach creationism instead of science as part of Governor Bobby Jindal’s new voucher program.”

This $11 Million is to come out of the public schools.  According to a report from “American Legislative Exchange Council” Louisiana ranks 49 out of 51 (They also ranked the District of Columbia).  I guess they want to race to the bottom.

The governor is not happy about the ruling.

“Louisiana Governor Bobby Jindal, who had championed the program, called the ruling “wrong-headed” and “a travesty for parents across Louisiana who want nothing more than for their children to have an equal opportunity at receiving a great education.” “

A great education?  These children are not being educated.  They are being thrown back to the bronze age.  We might as well teach them that 2+2 equals “fish”.

“While State District Judge Tim Kelley ruled the voucher program unconstitutional, he did not issue an immediate injunction to stop it. The 5,000 students currently receiving vouchers will be able to continue attending their private schools pending an appeal, state officials said.”

What?  The state creates a blatantly illegal program and a judge rules against it but yet it continues.  It looks like they are still going to spend that $11 Million on creationism.  I feel like we live in some kind of bizzaro world.

This is all promoted by a guy that wants to be the next President of the United States Bobby Jindal.

So… the program will continue for the immediate future (probably until the end of the current academic year), which will no doubt give Jindal and his political allies time to come up with another cockamamie scheme that will bilk the taxpayers and direct their money towards religious zealots who have no interest in teaching their kids (or anybody else’s kids) science.

I agree with Phil.  The irony here is that Jindal and his religious right allies go on and on about “giving the kids a great education” but it’s apparent they wouldn’t know good science education if it bit them squarely in the ass.  Remember folks, these are the same people who want to give public tax money to schools that teach the Loch Ness Monster is real.  Just chew on that for a bit, folks…

In conclusion, I think it is appropriate to end this post with the following clip from Bill Maher’s movie Religulous.  In it he is interviewing a U.S. Senator (Mark Pryor from Arkansas) who is trying to justify creationism.  When challenged by Maher, the Senator responds with the following, quite telling, line: “You don’t have to pass an IQ test to be in the Senate…”

Yup, he really said that.  Watch for yourself (the dialog leading up to the line starts at 4:00):

Wow.

Posted in creationism, cryptozoology, education, politics | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment »

Judge Proposes Cutting Ten Commandments Down to Six

Posted by mattusmaximus on May 10, 2012

For many years now, various fundamentalist Christian groups have been attempting to post the Ten Commandments (which version?  Good question…) in public buildings, using the lame argument that they serve a “secular purpose” as a way of skirting lawsuits for violation of church-state separation.  Well, now those folks have been hoisted by their own pertard:)

Image Source

Cut Ten Commandments down to 6?

Judge Michael Urbanski suggested a possible compromise to the issue that has been raging in the Giles County school system.

By Laurence Hammack 981-3239

Could the Ten Commandments be reduced to six, a federal judge asked Monday.

Would that neutralize the religious overtones of a commandments display that has the Giles County School Board in legal hot water?

That unorthodox suggestion was made by Judge Michael Urbanski during oral arguments over whether the display amounts to a governmental endorsement of religion, as alleged in a lawsuit filed by a student at Narrows High School.

After raising many pointed questions about whether the commandments pass legal muster, the judge referred the case to mediation – with a suggestion:

Remove the first four commandments, which are clearly religious in nature, and leave the remaining six, which make more secular commands, such as do not kill or steal.

Ever since the lawsuit was filed in September amid heated community reaction, school officials have said the display is not religious because it also includes historical documents such as the Bill of Rights and the Declaration of Independence.

“If indeed this issue is not about God, why wouldn’t it make sense for Giles County to say, ‘Let’s go back and just post the bottom six?'” Urbanski asked during a motions hearing in U.S. District Court in Roanoke.

“But if it’s really about God, then they wouldn’t be willing to do that.” … [emphasis added]

I think this judge is a genius.  He’s asking the obvious question which clearly shows the motivations of these fundamentalists: to use public institutions to force their religious beliefs upon the rest of us.  Up until this point, the fundamentalists have tried to have it both ways, using the wiggle room argument of a “secular purpose” as a wedge.  But I think that’s the point of what the judge here is saying: to deny them any wiggle room at all. They must either step up and admit flat out that they had (and still do) a religious intent when displaying the Ten Commandments, and thus risk being on the losing end of a costly lawsuit; or they must accept the compromise, and thus risk encurring the wrath of their constituents. This lame attempt on their part to play coy and try coming up with an ad hoc “secular purpose” after the fact won’t fly with this judge.

They only have themselves to blame for getting into this position in the first place. If they bothered to follow the First Amendment Establishment Clause in the beginning, they wouldn’t have this problem; but nooooo, they had to try pushing their religious beliefs.

Quite frankly, they deserve the smackdown coming their way.

Posted in politics, religion | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment »

“Natural Cures” Quack Kevin Trudeau in Big Court Trouble

Posted by mattusmaximus on February 13, 2010

Many times you’ll hear skeptics venting their spleens about this huckster or that charlatan and “How is it possible they’re allowed to get away with this crap?!”  One of the worst such pseudoscientific offenders in recent years has been “natural cures” quack Kevin Trudeau, who has used his infomercial sales pitches to convince countless people that he has a cure for cancer (he doesn’t) and that they shouldn’t trust modern, science-based medicine because “‘They’ don’t want you to know the truth”.  I think it would be reasonable to say that Trudeau has not only bilked people out of millions of dollars with his bogus “cures”, but in addition that his nonsensical anti-scientific conspiracy mongering has even gotten some people who believed him killed.

Well, now it seems that Trudeau has finally gone too far.  Recently he was in an Illinois federal court as the latest chapter in his long-running battle with the Federal Trade Commission, and he messed up, BIG time when he encouraged his followers to send emails to the judge.  Here’s the Chicago Tribune article on the matter…

Best-selling author and infomercial pitchman Kevin Trudeau was held in criminal contempt Thursday and threatened with jail after he urged visitors to his Web site to unleash a massive barrage of e-mails that crashed a federal judge’s computer in Chicago.

U.S. District Judge Robert W. Gettleman’s computer became hopelessly clogged with e-mails from admirers of Trudeau’s diet book and other volumes, the judge told a hearing. Court technicians had to be called in to make his inbox usable again. Something similar happened to his BlackBerry, Gettleman said.

Gettleman has overseen Trudeau’s long-running legal battle with the Federal Trade Commission, which claims ads for Trudeau’s books offering cures for dozens of ailments — from faltering memory to hair loss — misrepresent the facts.

The judge said Trudeau urging the deluge of e-mails was harassment.

“The penalty I will impose will probably include some custody and a fine,” the calm, soft-spoken Gettleman said after holding Trudeau in direct criminal contempt. He ordered Trudeau to post a $50,000 bond and surrender his passport.

Gettleman said the glut of e-mails delayed court business and will force the U.S. Marshals Service to do a threat assessment.

Trudeau arrived in court voluntarily after Gettleman threatened to send marshals to bring him in. He sat silently through the hearing before being led away for fingerprinting and a mug shot.

Well, I think this is one case in which the charlatan is getting his just-desserts.  Of course, to Trudeau’s followers, this will likely be interpreted as more evidence of their “Big Pharma/Big Medicine/Big Government” conspiracy theory, and they will paint Trudeau as a martyr for the alt-med cause. Which is fine with me, so long as Trudeau is a martyr in jail.

Posted in medical woo, Uncategorized | Tagged: , , , , , , , , , , , , , , , , , , , , , , | 21 Comments »

Judging Science & Faith

Posted by mattusmaximus on May 16, 2009

So here’s a tough question for you… in a nation where we respect religious liberty, how does the state handle situations where those religious beliefs are in direct conflict with established medical science?  I’m specifically referring to a situation in Minnesota where a judge has ordered that a boy receive chemotherapy for his cancer despite the parents’ religious objections.

Judge rules family can’t refuse chemo for boy

A Minnesota judge ruled Friday that a 13-year-old cancer patient must be evaluated by a doctor to determine if the boy would benefit from restarting chemotherapy over his parents’ objections.

In a 58-page ruling, Brown County District Judge John Rodenberg found that Daniel Hauser has been “medically neglected” by his parents, Colleen and Anthony Hauser, and was in need of child protection services.

While he allowed Daniel to stay with his parents, the judge gave the Hausers until Tuesday to get an updated chest X-ray for their son and select an oncologist.

If the evaluation shows the cancer had advanced to a point where chemotherapy and radiation would no longer help, the judge said, he would not order the boy to undergo treatment.

However, he said, if chemotherapy is ordered and the family still refuses, Daniel will be placed in temporary custody.

I posted about something similar in my entry titled “What’s the Limit on ‘Respecting Beliefs’?” but this is a far more serious situation – in fact, it is one of life & death.

Read the rest of this entry »

Posted in medical woo, politics | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , | 3 Comments »

 
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