The Separation of Powers in Establishment Jurisprudence: Arnold H. Loewy Gets What Judge Jones Didn’t

As I recently noted, anti-ID legal scholar Jay Wexler believes that Judge Jones went too far by trying to address whether ID is science. Continuing this line of argument, self-described “liberal First Amendment theorist” Arnold H. Loewy makes a point that Judge Jones missed: “it is not the Court’s job to distinguish good science from bad in the realm of education.” (pg. 85) Our form of government requires a separation of powers. During lawsuits alleging violations of the Establishment Clause in school curricula, courts are allowed to determine if the curriculum establishes religion, but that’s it. Yet Judge Jones found that ID’s claims have allegedly “been refuted by the scientific community” as he sought to address scientific questions about whether Read More ›