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To: tacticalogic
JUSTICE SCALIA, with whom THE CHIEF JUSTICE joins, dissenting.

http://supct.law.cornell.edu/supct/html/historics/USSC_CR_0482_0578_ZD.html

The only evidence in the record of the "received meaning and acceptation" of "creation science" is found in five affidavits filed by appellants. In those affidavits, two scientists, a philosopher, a theologian, and an educator, all of whom claim extensive knowledge of creation science, swear that it is essentially a collection of scientific data supporting the theory that the physical universe and life within it appeared suddenly, and have not changed substantially since appearing. See App. to Juris. Statement A-19 (Kenyon); id. at A-36 (Morrow); id. at A-41 (Miethe). These experts insist that creation science is a strictly scientific concept that can be presented without religious reference. See id. at A-19 - A-20, A-35 (Kenyon); id. at A-36 - A-38 (Morrow); id. at A-40, A-41, A-43 (Miethe); id. at A-47, A-48 (Most); id. at A-49 (Clinkert). At this point, then, we must assume that the Balanced Treatment Act does not require the presentation of religious doctrine.

 

 

26 posted on 12/27/2004 3:17:34 PM PST by Ed Current (U.S. Constitution, Article 3 has no constituency to break federal judicial tyranny)
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To: Ed Current

Unless Scalia was present, and had a hand in the drafting of the Constitution, there is nothing there that is responsive to the question. Is there some reason you have to avoid giving a direct answer?


30 posted on 12/27/2004 3:20:42 PM PST by tacticalogic
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