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Judge in Dover case reports hostile e-mails
York Daily Record [Penna] ^ | 24 March 2006 | LAURI LEBO

Posted on 03/24/2006 4:03:39 AM PST by PatrickHenry

Jones and his family were under marshals' protection in December.

In the days after U.S. Judge John E. Jones III issued his decision in Dover's intelligent design case, outraged people sent threatening e-mails to his office.

Jones won't discuss details of the e-mails, or where they might have come from, but he said they concerned the U.S. Marshals Service.

So, in the week before Christmas, marshals kept watch over Jones and his family.

While no single e-mail may have reached the level of a direct threat, Jones said, the overall tone was so strident, marshals "simply determined the tenor was of sufficient concern that I ought to have protection."

"They decided to err on the side of caution," he said.

Jones, a judge with the U.S. District Court for the Middle District of Pennsylvania, decided to speak publicly about the e-mails this week in light of recent reports about threats of violence against federal judges. He said statements made by "irresponsible commentators and political figures" have gotten so extreme that he fears tragedy.

"We're going to get a judge hurt," he said.

Jones pointed to a Sunday New York Times article about U.S. Supreme Court justices speaking of the recent threats.

The article concerned a speech in which Justice Ruth Bader Ginsburg revealed details of an Internet death threat targeting her and recently retired Justice Sandra Day O'Connor.

A February 2005 posting on an Internet chat site addressing unnamed "commandos" said: "Here is your first patriotic assignment. ... If you are what you say you are, and NOT armchair patriots, then those two justices will not live another week."

In another speech this month, the Times said in the same article, Justice O'Connor addressed comments made last year in the Terri Schiavo case by Rep. Tom DeLay and Sen. John Cornyn, both Texas Republicans.

Cornyn hinted after the judge's decision that such rulings could lead to violence.

"It builds up and builds up and builds up to the point where some people engage in violence," Cornyn said. "Certainly without any justification, but a concern that I have."

'It saddens you'

Jones is also concerned with a statement uttered recently by conservative pundit Ann Coulter regarding Justice John Paul Stevens' past votes upholding Roe v. Wade.

At a speech in Little Rock, Ark., this month, Coulter was quoted as saying, "We need somebody to put rat poison in Justice Stevens' crème brulee."

Jones said such remarks could fuel irrational acts by misguided individuals thinking they're being patriotic.

"There is an element here that is acting like it is open season on judges," Jones said.

"It saddens me that it's come to the point, where we're talking about what ought to be an honest disagreement, then you heighten it to something that is darker and much more disturbing."

Last year, Pinellas County, Fla., Circuit Judge George Greer and his family were under the protection of armed guards because of death threats over his ruling to allow Michael Schiavo to remove the feeding tube from his wife, who doctors determined was in a persistent vegetative state.

And 13 months ago in Illinois, U.S. District Judge Joan H. Lefkow's husband and her mother were killed, both shot in the head. Authorities determined that their killer was a disgruntled, unemployed electrician who was a plaintiff in a medical malpractice suit that Lefkow dismissed.

This is the first time Jones, who was appointed to the federal bench in August 2002, has availed himself of marshal protection.

But he said most federal judges who have spent enough time on the bench will need security at least once in their careers.

"It doesn't anger you," he said. "It saddens you. The reason I chose to talk about it now is that attacks on judges have really gone beyond the pale."

An attempt to educate

In a 139-page opinion [Kitzmiller et al. v Dover Area School District et al.], Jones ruled that intelligent design was not science but merely repackaged creationism, which courts had previously ruled should not be taught in science classes. Jones struck down Dover Area School Board's curriculum policy that required biology students to hear a statement that told them "intelligent design is an explanation of the origin of life that differs from Charles Darwin's view."

And he referred to the "breathtaking inanity" of the school board's decision. "The students, parents and teachers of the Dover Area School District deserved better than to be dragged into this legal maelstrom, with its resulting utter waste of monetary and personal resources."

While most judges are reticent, Jones said he's opted to use his recent exposure - Wired News named him one of 2005's top 10 sexiest geeks - to educate the public about judicial independence.

In the wake of his decision, the pro-intelligent design Discovery Institute dubbed him "an activist judge."

And conservative commentator Phyllis Schlafly chided him for going against the wishes of fundamentalist Christians.

"Judge John E. Jones III could still be chairman of the Pennsylvania Liquor Control Board if millions of evangelical Christians had not pulled the lever for George W. Bush in 2000," Schlafly wrote less than two weeks after the decision. "Yet this federal judge, who owes his position entirely to those voters and the president who appointed him, stuck the knife in the backs of those who brought him to the dance in Kitzmiller v. Dover Area School District."

Jones, a Republican who received the judicial endorsement of Pennsylvania conservative Sen. Rick Santorum, said he anticipated such reaction, but "I didn't know what corner it would come from."

People who hurl such accusations don't understand the role of an independent judge, he said. A judge's responsibility is not to interpret the desires of a political base. Rather, it is to interpret the law based on existing legal precedent.

He said decisions can't be determined by political affiliations. They must be made without bias.

"Had I ignored existing precedent," he said, "that would have been the work of an activist judge."

DISCOVERY'S DISCOURSE

Discovery Institute, an organization championing intelligent design, has released a book critical of U.S. District Judge John E. Jones III's ruling in Dover's intelligent design lawsuit.

The book, "Traipsing Into Evolution: Intelligent Design and the Kitzmiller vs. Dover Decision" dissects Jones' December decision, in which he ruled intelligent design was creationism posing as science.

Intelligent design is the idea that the complexity of life demands a creator.

The book, which is 15 pages shorter than Jones' 139-page opinion, is written by Casey Luskin, a Discovery attorney, and Discovery fellows David K. DeWolf, John G. West and Jonathan Witt.

The writers argue that Jones' decision was the work of "an activist judge" and that he ignored the science behind intelligent design.

The book is priced at $14.95 and is available at bookstores throughout the country and online at Amazon.com. It also can be ordered directly by calling 800-643-4102.


TOPICS: Culture/Society; Philosophy
KEYWORDS: activistjudge; christiantaliban; christianzealots; crevolist; darwinuts; derangedfanatics; dover; fundiemullahs; fundiesoffthedeepend; ignoranceandviolence; judge; religionofpeace; talibornagain; youngearthcultists
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To: mikeus_maximus

Ho hum.... another day, another simplistic mischaraterization of Intelligent Design Theory...
____

How so? Did the designer not create the designs? Certainly if one is going to posit a designer, it certainly follows that the designer (or the designers designated agent) followed through and created according to the plans drawn up by the designer. Hence, there is a "creator". If there is no creator, how did the designs come to fruition?


21 posted on 03/24/2006 5:45:10 AM PST by dmz
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To: PatrickHenry
While no single e-mail may have reached the level of a direct threat...

It appears that public officials prefer the sheep to meekly accept whatever ruling they make. Voicing dissent must be crushed.

22 posted on 03/24/2006 5:53:21 AM PST by GingisK
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To: PatrickHenry
Celebrity victim status. Get some! / sarc

The nutjob of a judge is in less danger than almost anyone on the planet. I am sure that prominent ID supporters have been subjected to the same sort of thing, and no one cares. No one is up in arms. But the darling of the atheist left? Well!

Now if he were a believing Christian, a convert from Islam, in Afghanistan, I'd be concerned for his safety. For that matter, if he were merely an avowed atheist living in any Islamic country he'd require round-the-clock protection, which he wouldn't get.

23 posted on 03/24/2006 6:01:22 AM PST by JCEccles
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To: kittymyrib
Do you really believe all these whining liberals' claims of death threats?

Judge Jones is no liberal.

24 posted on 03/24/2006 6:25:46 AM PST by highball (Proud to announce the birth of little Highball, Junior - Feb. 7, 2006!)
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To: Physicist
Creationists can't denounce him as an activist while howling about his adhering too closely to precedent.

Can so too!

(don't expect consistancy from Creationists)

25 posted on 03/24/2006 6:41:30 AM PST by Oztrich Boy (Have a beer (Offer not vaild in Canada)
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To: Just mythoughts
Prevention of the end of civilization requires action, so how far are the darwinists willing to go to protect their civilization?

Paging Nehemiah Scudder. Pick up the white courtesy telephone please.

26 posted on 03/24/2006 6:41:52 AM PST by Coyoteman (I love the sound of beta decay in the morning!)
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To: Coyoteman
"Paging Nehemiah Scudder. Pick up the white courtesy telephone please."


LOL making my point!!! Course I did have to 'google' him.
27 posted on 03/24/2006 6:52:01 AM PST by Just mythoughts
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To: PatrickHenry
Just what you expect from the Holy Warrior nutcases.
28 posted on 03/24/2006 6:52:34 AM PST by VadeRetro (I have the updated "Your brain on creationism" on my homepage.)
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To: linda_22003

In fairness, the judge had no choice but to rule the way he did because of bad earlier Supreme Court precedent. Similar to Judge Alito once striking down a Pennsylvania pro-life statute.

However, at the time may of us noted that Jones could have simply issued a routine ruling citing precedent and left it at that. The fact that he issued such a rhetorically harsh, grandstanding type ruling made it apparent that he was playing to the media and the leftist law journal crowd. In other words, the Greenhouse Effect was Souterizing him.

His whining and his joining in with O'Connor & Ginzburg on their silly crusade to shut down any disagreement with liberal rulings only confirms that this is the case.


29 posted on 03/24/2006 7:06:26 AM PST by puroresu (Conservatism is an observation; Liberalism is an ideology)
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To: puroresu

He was "rhetorically harsh" because he didn't appreciate the ID people making up stories that might fly whenever it suited them to do so, and he called them on it.


30 posted on 03/24/2006 7:09:00 AM PST by linda_22003
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To: PatrickHenry
The writers argue that Jones' decision was the work of "an activist judge" and that he ignored the science behind intelligent design.

DI was given the opprotunity to present their "science behind intelligent design".

Why didn't they?

31 posted on 03/24/2006 7:10:24 AM PST by <1/1,000,000th%
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To: linda_22003

Nah, we was playing to the press corps.


32 posted on 03/24/2006 7:12:25 AM PST by puroresu (Conservatism is an observation; Liberalism is an ideology)
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To: puroresu

You was?


33 posted on 03/24/2006 7:16:22 AM PST by linda_22003
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To: Just mythoughts

If by "Darwininsts" you mean scientists who understand evolutionary biolgy and do reaearch in the field, then don't worry.

Places like Japan, Germany, Israel, China and India have plenty of scientists to take up the slack.


34 posted on 03/24/2006 7:16:58 AM PST by From many - one.
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To: linda_22003

LOL! Typo!


35 posted on 03/24/2006 7:18:14 AM PST by puroresu (Conservatism is an observation; Liberalism is an ideology)
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To: linda_22003

LOL.


36 posted on 03/24/2006 7:19:06 AM PST by Senator Bedfellow
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To: puroresu

No, he was disgusted by perjury committed in the name of religion.


37 posted on 03/24/2006 7:19:50 AM PST by From many - one.
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To: Senator Bedfellow

How are you today, senator? Long time no see!


38 posted on 03/24/2006 7:20:51 AM PST by puroresu (Conservatism is an observation; Liberalism is an ideology)
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To: From many - one.
... he was disgusted by perjury committed in the name of religion.

And other examples of creationist fraud that turned up, such as the slimeball attempt to pass of that creationist tract, Pandas and People, as a science book:

As Plaintiffs meticulously and effectively presented to the Court, Pandas went through many drafts, several of which were completed prior to and some after the Supreme Court's decision in Edwards [Edwards v. Aguillard], which held that the Constitution forbids teaching creationism as science. 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 [FTE = the Foundation for Thought and Ethics, the publisher of Pandas] argument that by merely disregarding the words "creation" and "creationism," FTE expressly rejected creationism in Pandas. In early pre-Edwards drafts of Pandas, the term "creation" was defined as "various forms of life that began abruptly through an intelligent agency with their distinctive features intact -- fish with fins and scales, birds with feathers, beaks, and wings, etc," the very same way in which ID is defined in the subsequent published versions.
Source: Kitzmiller et al. v Dover Area School District et al.
39 posted on 03/24/2006 7:24:41 AM PST by PatrickHenry (Yo momma's so fat she's got a Schwarzschild radius.)
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To: From many - one.
"Places like Japan, Germany, Israel, China and India have plenty of scientists to take up the slack."


I understand, does create a career threatening scenario. Darwinist might take note, and be a bit more grateful to those of US that fund their careers.
40 posted on 03/24/2006 7:25:26 AM PST by Just mythoughts
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