I'm from Missouri

This site is named for the famous statement of US Congressman Willard Duncan Vandiver from Missouri : "I`m from Missouri -- you'll have to show me." This site is dedicated to skepticism of official dogma in all subjects. Just-so stories are not accepted here. This is a site where controversial subjects such as evolution theory and the Holocaust may be freely debated.

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Location: Los Angeles, California, United States

My biggest motivation for creating my own blogs was to avoid the arbitrary censorship practiced by other blogs and various other Internet forums. Censorship will be avoided in my blogs -- there will be no deletion of comments, no closing of comment threads, no holding up of comments for moderation, and no commenter registration hassles. Comments containing nothing but insults and/or ad hominem attacks are discouraged. My non-response to a particular comment should not be interpreted as agreement, approval, or inability to answer.

Wednesday, December 20, 2006

Cobb County cops out, caves in to Darwinists

Many readers here are by now aware that the wimpy Cobb County board of education has settled out-of-court with the Darwinists in the Selman v. Cobb County evolution-disclaimer textbook sticker case. This is a terrible disappointment to many because the school board had a lot going for it. The appeals court had vacated the decision and remanded the case back to the district court because of missing evidence which appeared to be unlikely to be found, and in oral hearings the appeals judges appeared to indicate that they would reverse the decision even if the missing evidence were found. I think that it was foolish and irresponsible of the board of education to give up so easily.

A press release of the Cobb County board of education said,

“We are very pleased to reach this agreement and end the lawsuit,” said Cobb County Board of Education Chair Dr. Teresa Plenge. “After the 11th Circuit Court vacated the decision, we faced the distraction and expense of starting all over with more legal actions and another trial. . . "

“Appealing the lower court ruling was the right decision by the school board because that ruling was incorrect,” said Dr. Plenge. “The Board maintains that the stickers were constitutional, but, at the same time, the Board clearly sees the need to put this divisive issue behind us."

These politicians make themselves look very foolish by saying that conclusions of lawsuits over controversial issues put the issues "behind us." Kitzmiller v. Dover is not behind us a full year after the decision -- it is as controversial as ever. Roe v. Wade is certainly not "behind us."

I am especially surprised and disturbed that the board agreed to pay legal fees to the plaintiffs:

In a separate agreement, the District has agreed to pay $166,659, which represents a portion of the plaintiff’s legal fees.

The board was in the driver's seat and should have insisted on no payment of legal fees.

The one consolation here is that this case will have even less precedential value than the Kitzmiller v. Dover case. In fact, the precedential value of Selman v. Cobb County is now zilch -- the district court's decision is now null and void because it was vacated by the appeals court.

The response from the Americans United for Separation of Church and State is here. A timeline of the case and a list of articles is here. The Discovery Institute has a list of articles here.

Here is a list of some of this blog's articles about the case:

What happened to the Cobb County textbook sticker case?

"Traipsing into breathtaking inanity" II: analysis of Selman v. Cobb County

Sticker shock -- appeals court ducks textbook sticker case

Close votes in Freiler case show shakiness of Selman and Kitzmiller decisions

Aptly named "Lemon test" sucks

Disclaimer sticker for Selman v. Cobb County opinion

Attorney's open letter on Selman v. Cobb County textbook sticker case (particularly recommended)

The "Dover Trap" Myth

To find other articles in this blog that discuss or mention the case, just enter "Cobb" or "Selman" in the blog-search window in the top border of the blog screen (you must be scrolled to the very top to see the window).

I may later add some more observations in the comments section of this article.

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7 Comments:

Anonymous Voice in the Wilderness said...

It would have been foolish and irresponsible for the school board to use the taxpayers money to beat this dead horse.

Wednesday, December 20, 2006 7:32:00 PM  
Anonymous Anonymous said...

It's called "facing reality." You should try it sometime.

Wednesday, December 20, 2006 9:32:00 PM  
Blogger Larry Fafarman said...

Voice in the Wilderness said...

>>>>>> It would have been foolish and irresponsible for the school board to use the taxpayers money to beat this dead horse. <<<<<<

This horse was very much alive and was about to stomp the ACLU et al. and their mascots. Also, the population of the Cobb County school district, about 660,000, dwarfs that of the Dover Area school district, about 22-23,000 (2000 census), so financially the Cobb County school district had the upper hand. The Cobb County school district probably has pockets that are deep enough to easily bankrupt ACLU, AUSCS, and Pepper Hamilton combined. The risk of an attorney fee award to the plaintiffs was fairly low. The potential cost of the lawsuit should not have been a consideration to the school district.

Anonymous said...

>>>>> It's called "facing reality." You should try it sometime. <<<<<<

The reality facing the ACLU et al. and their mascots was that the Cobb County school district had the upper hand. The original decision had been vacated, the documents that were the basis of that decision probably do not exist, the appeals court judges showed that they were leaning towards reversal, and the school district has deep pockets.

Thursday, December 21, 2006 6:51:00 AM  
Anonymous Voice in the Wilderness said...

Having deep pockets is not an excuse for irresponsible actions. Despite your dreams, the case was dead.

Thursday, December 21, 2006 7:03:00 AM  
Anonymous Anonymous said...

Yo, Larry, if the school district had such deep pockets, and such a strong case, and the ACLU's case was so weak, why didn't the school district choose to fight it out to the finish?

I notice your assessment of the strength of the school district's case makes ABSOLUTELY NO MENTION of the facts and issues on which the case itself would have been decided. That's a telling omission -- and not at all surprising, given that you've been consistently wrong about every central issue or fact in this whole debate, and have had to run about from one irrelevancy to another to hide from reality.

Thursday, December 21, 2006 11:11:00 AM  
Blogger Larry Fafarman said...

Anonymous said...

>>>>>Yo, Larry, if the school district had such deep pockets, and such a strong case, and the ACLU's case was so weak, why didn't the school district choose to fight it out to the finish? <<<<<<

That is what I am trying to determine. Duh.

>>>>>> I notice your assessment of the strength of the school district's case makes ABSOLUTELY NO MENTION of the facts and issues on which the case itself would have been decided. <<<<<

"Absolutely no mention of the facts and issues on which the case itself would have been decided"? My main article above has a list of some of my blog articles that discuss the case. Have fun.

Thursday, December 21, 2006 12:55:00 PM  
Anonymous Voice in the Wilderness said...

The raging idiot bleats...

> "Absolutely no mention of the facts and issues on which the case itself would have been decided"? My main article above has a list of some of my blog articles that discuss the case. <

None of which contain any facts. When people shoot your ramblings full of holes you seem to want to pretend that you have already addressed their issues.

Thursday, December 21, 2006 3:26:00 PM  

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