Re: Dover Intelligent-Design Case

[JMHACLJ]

In a message dated 12/21/2005 8:42:58 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes: Interesting that you think that a judge's  job does not include being aware of the political impact of his or her decision! Am I correct in inferring, then, that you consider Brown v. Board wrongly decided on the merits and wrongly written in form and wrongly decided within the Court's processes since the external impact was certainly considered by the court? Just because a decision is defensible on its merits does not mean that one need not defend oneself. In such contentious matters a court should give a full and candid accounting of its reasoning. This is a district court making findings of fact on a 6-week record in a highly visible, important case.  It is not a removed abstracted appellate decision. Steven,   Of course, a judge is aware of the temper of his times.  The difference between this judge on this score and other judges on this score is that this judge communicates his sensitivity to and awareness of likely coming criticism of his decision.  I think that is a difference with significance.  And I am not inclined to give judges a pass on this point.  Some might urge that his relative inexperience on the bench might call for lenience, but isn't that like the parricide throwing himself on the mercy of the court as an orphan?  After all, if the judge's showing slip must be ignored for inexperience why must his reasoning on the merits be valued despite his inexperience.   By the way, and I don't offer this as puffery or braggadocio but I have worked on high profile, highly contentious, cases on occasion.  And in all those cases, of course, we had contact with trial judges, appellate judges and supreme judges.  And with two notable exceptions, Judge Jones' conduct is unmatched.  Those two instances were the appearance on Nightline of Judge Patrick Kelly, USDJ, in Wichita, Kansas, while he was sitting as judge in an Operation Rescue case, to discuss the case, the demonstrations, and his order; and, the late Judge Robert Ward, USDJ, in New York City, who casually let slip his awareness of the facts underlying a contempt proceeding garnered from extra-judicial sources.   Jim Henderson Senior Counsel ACLJ

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