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  Topic: Appeals court throws out Cobb "evolution" ruling< Next Oldest | Next Newest >  
Jason Spaceman



Posts: 163
Joined: Nov. 2005

(Permalink) Posted: May 25 2006,11:00   

Quote
More hearings to be held on controversial textbook stickers

By BILL RANKIN
The Atlanta Journal-Constitution
Published on: 05/25/06

The federal appeals court in Atlanta today threw out a ruling that found unconstitutional an evolution disclaimer affixed to almost 35,000 science textbooks in Cobb County.

The 11th U.S. Circuit Court of Appeals directed the trial judge who ordered the stickers removed from the school books to hold more evidentiary hearings on the issue.

The ruling stopped short of deciding the constitutionality of the stickers.

In January 2005, U.S. District Judge Clarence Cooper ordered the removal of the evolution disclaimers after finding they conveyed an unconstitutional endorsement of religion. The county complied, but then appealed that ruling.

In a 43-page decision published today, the 11th Circuit said whether it upholds or rejects Cooper's ruling depends on what evidence was before Cooper -- but the appeals court cannot tell what that evidence was.


Read it here.

The appeal court's decision is here.

   
Faid



Posts: 1143
Joined: Mar. 2006

(Permalink) Posted: May 25 2006,11:43   

Hmm. It seems to be on grounds of insufficient evidence record. Which means that a new trial might not be needed, just a supplement on the evidence.

But hey, another chance for creo bashing  is always welcome...

--------------
A look into DAVE HAWKINS' sense of honesty:

"The truth is that ALL mutations REDUCE information"

"...mutations can add information to a genome.  And remember, I have never said that this is not possible."

  
Renier



Posts: 276
Joined: Jan. 2006

(Permalink) Posted: May 26 2006,03:22   

And of course, people at UD are already claiming victory....

  
Faid



Posts: 1143
Joined: Mar. 2006

(Permalink) Posted: May 26 2006,04:42   

Give the guys a break. They've been through a lot these last months, and it's not like it's gonna get better...

--------------
A look into DAVE HAWKINS' sense of honesty:

"The truth is that ALL mutations REDUCE information"

"...mutations can add information to a genome.  And remember, I have never said that this is not possible."

  
sir_toejam



Posts: 846
Joined: April 2005

(Permalink) Posted: May 26 2006,12:12   

just to be clear:

Am i wrong in saying that vacate is not the same as "thrown out"?

The ruling was sent back for further review, but the headline implies that it was overruled.

Of course the IDiots would like to play this off as a victory, but really, talk about counting your chickens...

  
  4 replies since May 25 2006,11:00 < Next Oldest | Next Newest >  

    


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