What’s the Legal Term for Ass-Whuppin’?

I’m only about two thirds of the way through judge Jones’s ruling in the Dover Panda case, but it’s getting late, and I’ve just downed a celebratory bottle of not quite the cheapest champagne they had at the liquor store, so I’m not really in any shape to make snarky comments. I’ll just present some interesting bits from the ruling, with maybe a one-liner in passing.

The ruling in a nutshell:
p. 63:

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.

pp. 88-89:

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.

p. 46, footnote:

one consistency among the Dover School Board members’ testimony, which was marked by selective memories and outright lies under oath, as will be discussed in more detail below, is that they did not think they needed to be knowledgeable about ID because it was not being taught to the students. We disagree.

p. 32:

By comparing the pre and post Edwards drafts of Pandas, three astonishing points emerge: (1) the definition for creation science in early drafts is identical to the definition of ID; (2) cognates of the word creation (creationism and creationist), which appeared approximately 150 times were deliberately and systematically replaced with the phrase ID; and (3) the changes occurred shortly after the Supreme Court held that creation science is religious and cannot be taught in public school science classes in Edwards. This word substitution is telling, significant, and reveals that a purposeful change of words was effected without any corresponding change in content, which directly refutes FTE’s argument that by merely disregarding the words “creation” and “creationism,” FTE expressly rejected creationism in Pandas. […] This compelling evidence strongly supports Plaintiffs’ assertion that ID is creationism re-labeled.

p. 49:

In summary, the disclaimer singles out the theory of evolution for special treatment, misrepresents its status in the scientific community, causes students to doubt its validity without scientific justification, presents students with a religious alternative masquerading as a scientific theory, directs them to consult a creationist text as though it were a science resource, and instructs students to forego scientific inquiry in the public school classroom and instead to seek out religious instruction elsewhere.

p. 63:

Finally, we will offer our conclusion on whether ID is science not just because it is essential to our holding that an Establishment Clause violation has occurred in this case, but also in the hope that it may prevent the obvious waste of judicial and other resources which would be occasioned by a subsequent trial involving the precise question which is before us.

Jones gets it:
p. 74:

In addition to Professor Behe’s admitted failure to properly address the very phenomenon that irreducible complexity purports to place at issue, natural selection, Drs. Miller and Padian testified that Professor Behe’s concept of irreducible complexity depends on ignoring ways in which evolution is known to occur. Although Professor Behe is adamant in his definition of irreducible complexity when he says a precursor “missing a part is by definition nonfunctional,” what he obviously means is that it will not function in the same way the system functions when all the parts are present. For example in the case of the bacterial flagellum, removal of a part may prevent it from acting as a rotary motor. However, Professor Behe excludes, by definition, the possibility that a precursor to the bacterial flagellum functioned not as a rotary motor, but in some other way, for example as a secretory system.

As expert testimony revealed, the qualification on what is meant by “irreducible complexity” renders it meaningless as a criticism of evolution. […] In fact, the theory of evolution proffers exaptation as a well-recognized, well-documented explanation for how systems with multiple parts could have evolved through natural means.

p. 75:

By defining irreducible complexity in the way that he has, Professor Behe attempts to exclude the phenomenon of exaptation by definitional fiat, ignoring as he does so abundant evidence which refutes his argument.

p. 77:

Second, with regard to the blood-clotting cascade, Dr. Miller demonstrated that the alleged irreducible complexity of the blood-clotting cascade has been disproven by peer-reviewed studies dating back to 1969, which show that dolphins’ and whales’ blood clots despite missing a part of the cascade, a study that was confirmed by molecular testing in 1998. […] Additionally and more recently, scientists published studies showing that in puffer fish, blood clots despite the cascade missing not only one, but three parts. […] Accordingly, scientists in peer-reviewed publications have refuted Professor Behe’s predication about the alleged irreducible complexity of the blood-clotting cascade. Moreover, cross-examination revealed that Professor Behe’s redefinition of the blood-clotting system was likely designed to avoid peer-reviewed scientific evidence that falsifies his argument, as it was not a scientifically warranted redefinition.

pp. 77-78:

The immune system is the third system to which Professor Behe has applied the definition of irreducible complexity. Although in Darwin’s Black Box, Professor Behe wrote that not only were there no natural explanations for the immune system at the time, but that natural explanations were impossible regarding its origin. […] However, Dr. Miller presented peer-reviewed studies refuting Professor Behe’s claim that the immune system was irreducibly complex. Between 1996 and 2002, various studies confirmed each element of the evolutionary hypothesis explaining the origin of the immune system. […] In fact, on cross-examination, Professor Behe was questioned concerning his 1996 claim that science would never find an evolutionary explanation for the immune system. He was presented with fifty-eight peer-reviewed publications, nine books, and several immunology textbook chapters about the evolution of the immune system; however, he simply insisted that this was still not sufficient evidence of evolution, and that it was not “good enough.”

We find that such evidence demonstrates that the ID argument is dependent upon setting a scientifically unreasonable burden of proof for the theory of evolution.

pp. 78-79 (immediately following):

As a further example, the test for ID proposed by both Professors Behe and Minnich is to grow the bacterial flagellum in the laboratory; however, no-one inside or outside of the IDM, including those who propose the test, has conducted it. […] Professor Behe conceded that the proposed test could not approximate real world conditions and even if it could, Professor Minnich admitted that it would merely be a test of evolution, not design.

We therefore find that Professor Behe’s claim for irreducible complexity has been refuted in peer-reviewed research papers and has been rejected by the scientific community at large. […] Additionally, even if irreducible complexity had not been rejected, it still does not support ID as it is merely a test for evolution, not design.

p. 81:

Professor Behe’s only response to these seemingly insurmountable points of disanalogy was that the inference still works in science fiction movies.

If ID is such a solid scientific theory, why do its supporters have to resort to lies? Is it some sort of hobby?
p. 83:

ID proponents support their assertion that evolutionary theory cannot account for life’s complexity by pointing to real gaps in scientific knowledge, which indisputably exist in all scientific theories, but also by misrepresenting well-established scientific propositions.

pp. 83-84:

Despite the scientific community’s overwhelming support for evolution, Defendants and ID proponents insist that evolution is unsupported by empirical evidence. Plaintiffs’ science experts, Drs. Miller and Padian, clearly explained how ID proponents generally and Pandas specifically, distort and misrepresent scientific knowledge in making their anti-evolution argument.

p. 84:

Dr. Padian’s demonstrative slides, prepared on the basis of peer-reviewing scientific literature, illustrate how Pandas systematically distorts and misrepresents established, important evolutionary principles.

pp. 85-86:

Dr. Miller also testified that Pandas presents discredited science. Dr. Miller testified that Pandas’ treatment of biochemical similarities between organisms is “inaccurate and downright false” and explained how Pandas misrepresents basic molecular biology concepts to advance design theory through a series of demonstrative slides. […] Consider, for example, that he testified as to how Pandas misinforms readers on the standard evolutionary relationships between different types of animals, a distortion which Professor Behe, a “critical reviewer” of Pandas who wrote a section within the book, affirmed.

pp. 86-87:

Accordingly, the one textbook to which the Dover ID Policy directs students contains outdated concepts and badly flawed science, as recognized by even the defense experts in this case.

p. 88:

On cross-examination, Professor Behe admitted that: “There are no peer reviewed articles by anyone advocating for intelligent design supported by pertinent experiments or calculations which provide detailed rigorous accounts of how intelligent design of any biological system occurred.” […] Additionally, Professor Behe conceded that there are no peer-reviewed papers supporting his claims that complex molecular systems, like the bacterial flagellum, the blood-clotting cascade, and the immune system, were intelligently designed. […] In that regard, there are no peer-reviewed articles supporting Professor Behe’s argument that certain complex molecular structures are “irreducibly complex.” […] In addition to failing to produce papers in peer-reviewed journals, ID also features no scientific research or testing.

IOW, ID is just like science, except without the science.

Now some good, but not great, quotes:

p. 25:

However, as Dr. Haught testified, anyone familiar with Western religious thought would immediately make the association that the tactically unnamed designer is God

“Tactically” implies that this is just a trick to pretend that ID isn’t religious. This is what “scientific creationism” was supposed to be, too, and they got reamed as well.

p. 25:

Although proponents of the IDM occasionally suggest that the designer could be a space alien or a time-traveling cell biologist, no serious alternative to God as the designer has been proposed by members of the IDM, including Defendants’ expert witnesses.

p. 27:

Phillip Johnson states that the “Darwinian theory of evolution contradicts not just the Book of Genesis, but every word in the Bible from beginning to end.

ID proponents Johnson, William Dembski, and Charles Thaxton, one of the editors of Pandas, situate ID in the Book of John in the New Testament of the Bible, which begins, “In the Beginning was the Word, and the Word was God.”

Dembski has written that ID is a “ground clearing operation” to allow Christianity to receive serious consideration, and “Christ is never an addendum to a scientific theory but always a completion.”

p. 31:

It is notable that not one defense expert was able to explain how the supernatural action suggested by ID could be anything other than an inherently religious proposition.

p. 35:

there is hardly better evidence of ID’s relationship with creationism than an explicit statement by defense expert Fuller that ID is a form of creationism.

p. 41:

it is indeed telling that even defense expert Professor Fuller agreed with this conclusion by stating that in his own expert opinion the disclaimer is misleading.

pp. 56-57:

A reasonable observer is presumed to know the social meaning of the theory-not-fact deliberate word choice and would “perceive the School Board to be aligning itself with proponents of religious theories of origin,” thus “communicat[ing] to those who endorse evolution that they are political outsiders, while . . . communicat[ing] to the Christian fundamentalists and creationists who pushed for a disclaimer that they are political insiders.”

p. 67:

It is notable that defense experts’ own mission, which mirrors that of the IDM itself, is to change the ground rules of science to allow supernatural causation of the natural world, which the Supreme Court in Edwards and the court in McLean correctly recognized as an inherently religious concept. […] First, defense expert Professor Fuller agreed that ID aspires to “change the ground rules” of science and lead defense expert Professor Behe admitted that his broadened definition of science, which encompasses ID, would also embrace astrology. […] Moreover, defense expert Professor Minnich acknowledged that for ID to be considered science, the ground rules of science have to be broadened to allow consideration of supernatural forces.

Prominent IDM leaders are in agreement with the opinions expressed by defense expert witnesses that the ground rules of science must be changed for ID to take hold and prosper. William Dembski, for instance, an IDM leader, proclaims that science is ruled by methodological naturalism and argues that this rule must be overturned if ID is to prosper. […]

The Discovery Institute, the think tank promoting ID whose CRSC developed the Wedge Document, acknowledges as “Governing Goals” to “defeat scientific materialism and its destructive moral, cultural and political legacies” and “replace materialistic explanations with the theistic understanding that nature and human beings are created by God.”

pp. 71-72:

ID is at bottom premised upon a false dichotomy, namely, that to the extent evolutionary theory is discredited, ID is confirmed. […] We do not find this false dichotomy any more availing to justify ID today than it was to justify creation science two decades ago.

Behe has no interest in actually testing ID:
p. 73:

Professor Behe admitted in “Reply to My Critics” that there was a defect in his view of irreducible complexity because, while it purports to be a challenge to natural selection, it does not actually address “the task facing natural selection.” […] Professor Behe specifically explained that “[t]he current definition puts the focus on removing a part from an already-functioning system,” but “[t]he difficult task facing Darwinian evolution, however, would not be to remove parts from sophisticated pre-existing systems; it would be to bring together components to make a new system in the first place.” Id. In that article, Professor Behe wrote that he hoped to “repair this defect in future work;” however, he has failed to do so even four years after elucidating his defect.

“Design” analogies don’t work because airplanes and watches don’t reproduce.
pp. 80-81:

Indeed, the assertion that design of biological systems can be inferred from the “purposeful arrangement of parts” is based upon an analogy to human design. Because we are able to recognize design of artifacts and objects, according to Professor Behe, that same reasoning can be employed to determine biological design. […] Professor Behe testified that the strength of the analogy depends upon the degree of similarity entailed in the two propositions; however, if this is the test, ID completely fails. Unlike biological systems, human artifacts do not live and reproduce over time. They are non-replicable, they do not undergo genetic recombination, and they are not driven by natural selection. […] For human artifacts, we know the designer’s identity, human, and the mechanism of design, as we have experience based upon empirical evidence that humans can make such things, as well as many other attributes including the designer’s abilities, needs, and desires.

Intelligent Design Creationism is like UFOs, astrology, and white supremacy: the arguments are a lot more convincing if you already accept the conclusions:
p. 82:

throughout the entire trial only one piece of evidence generated by Defendants addressed the strength of the ID inference: the argument is less plausible to those for whom God’s existence is in question, and is much less plausible for those who deny God’s existence.

Stomp stomp stomp:
p. 82:

Accordingly, the purported positive argument for ID does not satisfy the ground rules of science which require testable hypotheses based upon natural explanations. […] ID is reliant upon forces acting outside of the natural world, forces that we cannot see, replicate, control or test, which have produced changes in this world. While we take no position on whether such forces exist, they are simply not testable by scientific means and therefore cannot qualify as part of the scientific process or as a scientific theory

I particularly like the “we take no position on whether such forces exist” flourish. Clearly, judge Jones is a gentleman who, if he crushed an enemy under the treads of an Abrams tank, would then offer him a ride into town.

p. 84, footnote:

Moreover, the Court has been presented with no evidence that either Defendants’ testifying experts or any other ID proponents, including Pandas’ authors, have such paleontology expertise as we have been presented with no evidence that they have published peer-reviewed literature or presented such information at scientific conferences on paleontology or the fossil record.

Paraphrased: “As far as the court can determine, the authors of Pandas are talking out their ass.”

p. 86, footnote:

Additionally, testimony provided by Professor Behe revealed an increasing gap between his portrayal of ID theory and how it is presented in Pandas. Although he is a “critical reviewer” of the work, he disagrees with language provided in the text, including but not limited to the text’s very definition of ID.

p. 87:

The evidence presented in this case demonstrates that ID is not supported by any peer-reviewed research, data or publications.

p. 88, footnote:

The one article referenced by both Professors Behe and Minnich as supporting ID is an article written by Behe and Snoke entitled “Simulating evolution by gene duplication of protein features that require multiple amino acid residues.” […] A review of the article indicates that it does not mention either irreducible complexity or ID. In fact, Professor Behe admitted that the study which forms the basis for the article did not rule out many known evolutionary mechanisms and that the research actually might support evolutionary pathways if a biologically realistic population size were used.

(The thrilling conclusion is here.)

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One Response to What’s the Legal Term for Ass-Whuppin’?

  1. Pingback: The Tenth Anniversary of Dover & the Demise of Intelligent Design’s Wedge Strategy « The Skeptical Teacher

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