Judgment Day is coming on Nov. 13
(1) Judge Jones copied the opinion's ID-as-science section virtually entirely from the plaintiffs' opening post-trial brief while ignoring the defendants' opening post-trial brief and the plaintiffs' and defendants' answering post-trial briefs.
(2) Regardless of whether or not intelligent design is religion, Judge Jones showed extreme prejudice against the defendants by saying in a Dickinson College commencement speech that his decision was based on his notion that the Founders believed that organized religions are not "true" religions.
(3) Jones denied the intervention motion of the Foundation for Thought and Ethics, the publisher of the book "Of Pandas and People," then thoroughly trashed the book in his written opinion. FTE was prompt in moving to intervene as soon as subpoenas that it received made it clear that the plaintiffs would seek to make the book a major issue in the case.
(4) Several articles in scholarly law journals are critical of the Dover opinion, particularly Judge Jones' decision to rule on the scientific merits of intelligent design and irreducible complexity.
(5) The opinion has little or no precedential value because it is just the unreviewed opinion of a single federal district court judge.
These and other criticisms of Judge Jones and the Dover decision are discussed in posts here under post labels titled Judge Jones, Kitzmiller v. Dover, Expert opinions about Kitzmiller, and Monkey Girl. My very first post on this blog consists of criticisms of the Dover decision.
The case has gotten far more attention than it deserves.
The show's website also has the Dover science teachers' formal statement of refusal to read the board's ID statement to their classes. By so refusing, these teachers reneged on their prior agreement to use "Of Pandas and People" as a "reference text" (not a "companion text") in exchange for the board's acceptance of a heavily pro-Darwinist biology textbook. The website fails to mention that the teachers had made such an agreement.
I previously reported that the Discovery Institute's staff "stonewalled" requests to be interviewed for the program. The program's producer Paula Apsell said in answer to a question,
Q: Of the three expert witnesses who testified on behalf of Dover—Michael Behe, Scott Minich, and Steve Fuller—only Steve Fuller appears in the program. Why did you not interview the other two, who are among the country's leading proponents of ID?
Apsell: Michael Behe and Scott Minich, as well as other proponents of ID, were invited to participate in the program. . . . However, Michael Behe, Scott Minich, and other ID proponents affiliated with the Discovery Institute declined to be interviewed under the normal journalistic conditions that NOVA uses for all programs.
However, Phillip Johnson, co-founder and program advisor of the Discovery Institute's Center for Science and Culture, was interviewed for the program, and a transcript of the interview is here. The interview was fairly long, but Johnson's only statement that specifically criticized the Dover opinion is the following:
As for the judge and the opinion, the problem is that the judge didn't just decide the local case in front of him. He decided that he wanted to become a national figure by deciding the whole question of evolution and creation for the country in one opinion. So he wrote an opinion as big and broad as a starry sky, saying that the notion of intelligence, that one of these two hypotheses, was not eligible for consideration because it was religion and hence by definition not science. So any attempt in that direction was unconstitutional. He is being rewarded for that opinion with all the accolades that the mandarins of science have at their disposal.
The interview was fairly long, and so I have no idea whether the above statement is going to included in the show. The show is, after all, about the Dover trial and hence should include a lot of discussion about the legal issues in the case, but it is now evident that the show will not.
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