Baptist Press reported on Friday, May 26, ...A federal appeals court May 25 rejected a lower court ruling on the constitutionality of evolution disclaimers in the form of stickers in 35,000 textbooks in a Cobb County, Ga., school district, vacating the decision based on insufficient evidence.The stickers advised students the theory of evolution was indeed a "theory." To claim a violation of the establishment clause from those patently instructional words is a real stretch!The three-judge [federal] panel ... unanimously concluded that the case needed to return ... because "unfilled gaps in the record" kept them from understanding how [the lower court] arrived at his decision in January 2005.Many of us had the same reaction. After following the case rather closely, I thought what did he see or hear that the rest of us didn't?"Everyone agrees that some evidence presented to the district court has been omitted from the record on appeal, but the attorneys have not been able to identify what was omitted," Judge Ed Carnes wrote for the panel. "The problems presented by a record containing significant evidentiary gaps are compounded because at least some key findings of the district court are not supported by the evidence that is contained in the record."So that's supposed to make a difference in our present system? Now that's creative ... if my memory is accurate, there used to be a country somewhere whose judicial rules required supporting evidence in every case.The school board complied with the trial judge's ruling, and school staff and students had scraped the stickers from all science textbooks while the matter was appealed.I'm certain the general public will be thrilled when this kind of PC (Phoney C__p!) is over with, regardless of the side they're on.
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"We leave it to the district court whether to start with an entirely clean slate and a completely new trial or to supplement, clarify and flesh out the evidence that it has heard in the four days of bench trial already conducted," Carnes wrote.
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Tuesday, May 30, 2006
EVOLUTION IN EDUCATION: Court returns lower court decision for more work!
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