It's been a rough few months for this blogger, which is why you haven't seen me in a while. This doesn't mean that there hasn't been a lot happening on the legal front -- there has. And, hopefully, I'll be able to do some catching up during the next few weeks. Today, though, it's time for current events.
Earlier today a judge from the Middle District of Pennsylvania held, in Kitzmiller v. Dover Area School District, that the School District cannot require students to hear about Intelligent Design. The court determined that "the secular purposes claimed by the Board amount to a pretext for the Board's real purpose, which was to promote religion in the public school classroom, in violation of the Establishment Clause." The court based its ruling, in part, on the fact that plaintiffs' scientific experts testified that the theory of evolution "in no way conflicts with, nor does it deny, the existence of a divine creator."
In case you're wondering, the judge who decided the case -- the Hon. John E. Jones III -- is a 2002 Bush appointee.
In a striking commentary on the current climate in the US, the court apparently felt constrained to preemptively defend its own decision -- and itself -- from charges of judicial activism. The court not only protested any such label, but criticized the school board and its attorneys in a manner rarely seen in court decisions.