• Attorneys at the Center of the Storm Share Perspectives on the Intelligent Design Case
• Questions for Judge Alito

Attorneys at the Center of the Storm Share Perspectives on the Intelligent Design Case

JSPAN members gathered at the home of Board Member Jerome Kaplan for “Center of the Storm: An Insider’s Look into Litigating the ‘Intelligent Design’ Case.” Eric Rothschild, Stephen Harvey and their paralegal Hedya Aryani of the law firm Pepper Hamilton LLP spoke about their experiences representing the plaintiffs in the case against the Dover Area School Board.

Dover, a small school district, just outside the city of York, PA, initially examined intelligent design when several board members were concerned about a new science textbook that gave no alternative views to evolution. Several members of the Board spoke openly about their desire to teach creationism in the science curriculum, a practice struck down by the United States Supreme Court. To “remedy” this, the Board passed a resolution on October 14, 2004 that mandated the presentation of intelligent design as a supplement to the teaching of evolution.

Mr. Rothschild explained the so-called scientific argument in favor of intelligent design, noting not only how this argument is logically flawed, but also demonstrated that it is only an argument against evolution, not proof for intelligent design. Supporters of the intelligent design camp have never tested their “theory.” When confronted on the stand about a possible falsifiable test, Michael Behe, the chief academic proponent of intelligent design theory, admitted the test he devised was not a good one. Mr. Harvey noted that not one of the intelligent design studies has ever been submitted to a scientific peer-reviewed journal.
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Questions for Judge Alito

The nomination of Judge Samuel Alito to the Supreme Court has raised serious concerns about his views on a host of hot button subjects. While other progressive groups have focused on his views about abortion rights and the role of the national government in a federal system, JSPAN has been especially concerned about his views on the role of religion, particularly under the Establishment Clause of the First Amendment.

Working with leading experts on Church State issues, we have put together a short series of questions for Judge Alito at his confirmation hearing. We are now coordinating with several senators, including members of the Judiciary Committee, to see that these questions are asked of the nominee. For a list of the JSPAN questions to Judge Alito click here. At JSPAN, we believe that the separation of church and state forms one of the bedrock principles guaranteeing the rights of all Americans. All citizens have a right to know what Judge Alito thinks about this subject and how he would approach questions likely to come before him.