Friday, May 26, 2006

Appeals Court Ruling in Selman v. Cobb County

The Appeals Court has vacated and remanded the District Court opinion that the Cobb County evolution stickers on biology books violate the US Constitution. The Washington Post AP article is here. The full opinion can be found here.

While this is not a decision on the merits, it still knocks out the lower court ruling, which had been favorable to the Darwinian fundamentalist lobby. The court also said that it could not find sufficient support for the lower court ruling in the record.

I hope to comment more later when I have had a chance to read the opinion. For now, I want to note that, even though the Appeals Court did not rule on the merits, it has taken a very different position on the matter than Judge Jones did in the Dover case. Because of this, it throws the broader significance of the Dover opinion into even greater doubt than before. Teachers and school boards would be wise not to rely on the Dover opinion, unless you happen to reside in Judge Jones judicial district.

The Evolution News blog has two posts on it here and here.

My previous posts on this case can be found here and here and here. I especially recommend the first link to the post "Rewarding Religious Prejudice."


At May 27, 2006 3:19 PM, Blogger Larry Fafarman said...

The following disclaimer sticker should be attached to all copies of Vol. 390 of the 2nd Edition of the Federal Supplement:

This book contains material on a court decision about Cobb County evolution-disclaimer textbook stickers. This decision is a theory, not a fact, regarding the existence of a petition and a letter that are the basis for the decision. This material should be approached with an open mind, studied carefully, and critically considered.


Approved by Federal Appeals Court of the 11th Circuit, May 25, 2006


I discuss the Selman decision in several places on my blog, at


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