He spent Christmas with his family.

A 95-year-old man was moved from a hospital mortuary to a care unit after he was heard coughing several hours after a doctor had declared him dead, Portuguese media reported.

This ruling is some fascinating reading. If you’ve read all the news reports, go read the actual ruling. The basic point at issue here is whether the Dover school board can require that a disclaimer be read to students when teaching evolution. The disclaimer was:

The Pennsylvania Academic Standards require students to learn about Darwin’s Theory of Evolution and eventually to take a standardized test of which evolution is a part.

Because Darwin’s Theory is a theory, it continues to be tested as new evidence is discovered. The Theory is not a fact. Gaps in the Theory exist for which there is no evidence. A theory is defined as a well-tested explanation that unifies a broad range of observations.

Intelligent Design is an explanation of the origin of life that differs from Darwin’s view. The reference book, Of Pandas and People, is available for students who might be interested in gaining an understanding of what Intelligent Design actually involves.

With respect to any theory, students are encouraged to keep an open mind. The school leaves the discussion of the Origins of Life to individual students and their families. As a Standards-driven district, class instruction focuses upon preparing students to achieve proficiency on Standards-based assessments.

The court found that basically singling out evolution as the one thing to disclaimer was effectively indicating that the students had to learn it for the state tests, but that the school board thought it was pretty much a bogus theory. The ruling essentially says that “Intelligent is not science, it is relgious creationism couched in scientific terms.”

An excerpt that summarizes the judge’s opinion:

Moreover, the objective student is presumed to know that encouraging the teaching of evolution as a theory rather than as a fact is one of the latest strategies to dilute evolution instruction employed by anti-evolutionists with religious motivations. Selman, 390 F. Supp. 2d at 1308. In summary, the disclaimer singles out the theory of evolution for special treatment, misrepresents its status in the scientific community, causes students to doubt its validity without scientific justification, presents students with a religious alternative masquerading as a scientific theory, directs them to consult a creationist text as though it were a science resource, and instructs students to forego scientific inquiry in the public school classroom and instead to seek out religious instruction elsewhere. Furthermore, as Drs. Alters and Miller testified, introducing ID necessarily invites religion into the science classroom as it sets up what will be perceived by students as a “God-friendly” science, the one that explicitly mentions an intelligent designer, and that the “other science,” evolution, takes no position on religion. (14:144-45 (Alters)). Dr. Miller testified that a false duality is produced: It “tells students . . . quite explicitly, choose God on the side of intelligent design or choose atheism on the side of science.” (2:54-55 (Miller)). Introducing such a religious conflict into the classroom is “very dangerous” because it forces students to “choose between God and science,” not a choice that schools should be forcing on them. Id.

Starting at around p. 72, the judge takes to task the idea of irreducible complexity as a defense of ID, and excoriates the Pandas textbook for omitting the idea of exaptation, which some proponents of ID hold does not exist at all (thus, the omission is intentional and expected).

One question I have is whether or not the people defending ID in the Dover case really held a representative view of Intelligent Design. My understanding is that it is a theory that essentially holds that organisms are too complex to have a significant liklihood of having been able to occur by random chance in the amount of time since the Big Bang, and therefore it is at least plausible to consider the idea that there may be a force or designer with intelligence that is working outside of, in fact directing, the laws of the natural world that science can observe.

Even proponents of evolution and the Big Bang (whether IDers or not, because it is certain that the Big Bang is not a theory exclusively claimed by evolutionists, but also by many IDers) must admit that matter had to come from non-matter, unless one is a proponent of the indefensible oscillating universe theory. (Indefensible, in short, because the infinite cycles of oscillation would have raised the ratio of photons to nuclear particles to infinity, which is clearly not the case as the number of photons is finite and therefore an infinite ratio would require no particles). So evolutionary theorists require something at “the beginning” that acted beyond the realm of scientific observation or anything explainable by our current understanding of the laws of physics. The theories of the early universe that describe a condition where all matter is pressed into a space of zero size and infinite density require the introduction of “imaginary time” or a gravitational singularity, which would “fail to meet the essential ground rules that limit science to testable, natural explanations.”

Given the argument of Judge Jones below (from p. 71-72), it seems that teaching of the Big Bang itself, whether as a component of ID or a component of evolutionary theory, ought to be banned.

It is therefore readily apparent to the Court that ID fails to meet the essential ground rules that limit science to testable, natural explanations. (3:101-03 (Miller); 14:62 (Alters)). Science cannot be defined differently for Dover students than it is defined in the scientific community as an affirmative action program, as advocated by Professor Fuller, for a view that has been unable to gain a foothold within the scientific establishment. Although ID’s failure to meet the ground rules of science is sufficient for the Court to conclude that it is not science, out of an abundance of caution and in the exercise of completeness, we will analyze additional arguments advanced regarding the concepts of ID and science. [Emphasis mine]

Right?

UPDATE: Joining OTB Jam.

I have to be missing something here. $16 million? With an M?

The Treasury Department says that cyber crime has now outgrown illegal drug sales in annual proceeds, netting an estimated $105 billion in 2004, the report said.

At the same time, the Department of Homeland Security’s 2005 research budget for cybersecurity programs was cut 7% to $16 million.

LaShawn Barber today points to the work by Carlotta Morrow about Kwanzaa and says everyone should read it.

At least according to the AP, that’s what one teacher thinks.

As a junior this year at a Pine Crest School, a prep academy of about 700 students in Fort Lauderdale, Hassan studied writers like John McPhee in the book “The New Journalism,” an introduction to immersion journalism _ a writer who lives the life of his subject in order to better understand it.

Diving headfirst into an assignment, Hassan, whose parents were born in Iraq but have lived in the United States for about 35 years, hung out at a local mosque. The teen, who says he has no religious affiliation, added that he even spent an entire night until 6 a.m. talking politics with a group of Muslim men, a level of “immersion” his teacher characterized as dangerous and irresponsible.

UPDATE: Michelle Malkin says “get this kid a blog!”

Judge Richard Suhrheinrich has ruled that the ACLU arguments about the “wall of separation” between church and state are “tiresome.”

He criticized the organization for arguing that the First Amendment mandates a “wall of separation between church and state.”

“Our nation’s history is full of governmental acknowledgment and in some cases accommodation of religion,” the judge wrote.

WND reports:

Writing for the 6th Circuit Court of Appeals, Judge Richard Suhrheinrich said the ACLU’s “repeated reference ‘to the separation of church and state’ … has grown tiresome. The First Amendment does not demand a wall of separation between church and state.”

Here is the most interesting snippet of the full opinion (pdf).

The ACLU’s argument contains three fundamental flaws. First, the ACLU makes repeated reference to “the separation of church and state.” This extra-constitutional construct has grown tiresome. The First Amendment does not demand a wall of separation between church and state. See Lynch, 465 U.S. at 673; Lemon, 403 U.S. at 614; Zorach v. Clauson, 343 U.S. 306, 312 (1952); Brown v. Gilmore, 258 F.3d 265, 274 (4th Cir. 2001); Stark v. Indep. Sch. Dist., No. 640., 123 F.3d 1068, 1076 (8th Cir. 1997); see also Capitol Square, 243 F.3d at 300 (dismissing strict separatism as “a notion that simply perverts our history”). Our Nation’s history is replete with governmental acknowledgment and in some cases, accommodation of religion. See, e.g., Marsh v. Chambers, 463 U.S. 783 (1983) (upholding legislative prayer); McGowan v. Maryland, 366 U.S. 420 (1961) (upholding Sunday closing laws); see also Lynch, 465 U.S. at 674 (“There is an unbroken history of official acknowledgment by all three branches of government of the role of religion in American life from at least 1789.”); Capitol Square, 243 F.3d at 293-99 (describing historical examples of governmental involvement with religion). After all, “[w]e are a religious people whose institutions presuppose a Supreme Being.” Zorach, 343 U.S. at 313. Thus, state recognition of religion that falls short of endorsement is constitutionally permissible.

Second, the ACLU focuses on the religiousness of the Ten Commandments. No reasonable person would dispute their sectarian nature, but they also have a secular nature that the ACLU does not address. That they are religious merely begs the question whether this display is religious; it does not answer it. “[T]he Establishment Clause inquiry cannot be distilled into a fixed, per se rule.” Pinette, 515 U.S. at 778 (O’Connor J., concurring); see Lee v. Weisman, 505 U.S. 577, 597-98 (1992). Although treating the subject matter categorically would make our review eminently simpler, we are called upon to examine Mercer County’s actions in light of context. “Simply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the Establishment Clause.” Van Orden, 125 S. Ct. at 2863 (plurality opinion). Moreover, “[f]ocus exclusively on the religious component of any activity would inevitably lead to its invalidation under the Establishment Clause.” Lynch, 465 U.S. at 680. The Constitution requires an analysis beyond the four-corners of the Ten Commandments. In short, “proving” that the Ten Commandments themselves are religious does not prove an Establishment Clause violation.

Third, the ACLU erroneously–though perhaps intentionally–equates recognition with endorsement. To endorse is necessarily to recognize, but the converse does not follow. Cf. Mercer County, 219 F. Supp. 2d at 789 (“Endorsement of religion is a normative concept; whereas acknowledgment of religion is not necessarily a value-laden concept.”). Because nothing in the display, its history, or its implementation supports the notion that Mercer County has selectively endorsed the sectarian elements of the first four Commandments, we fail to see why the reasonable person would interpret the presence of the Ten Commandments as part of the larger “Foundations” display as a governmental endorsement of religion.

We will not presume endorsement from the mere display of the Ten Commandments. If the reasonable observer perceived all government references to the Deity as endorsements, then many of our Nation’s cherished traditions would be unconstitutional, including the Declaration of Independence and the national motto. Fortunately, the reasonable person is not a hyper-sensitive plaintiff. See Washegesic ex rel. Pensinger v. Bloomingdale Pub. Sch., 33 F.3d 679, 684 (6th Cir. 1994) (Guy, J., concurring) (describing the “eggshell” plaintiff as unknown to the Establishment Clause). Instead, he appreciates the role religion has played in our governmental institutions, and finds it historically appropriate and traditionally acceptable for a state to include religious influences, even in the form of sacred texts, in honoring American legal traditions.

If you haven’t heard of the dangers of Dihydrogen Monoxide, you’re not alone, but you need to act now.

What are some of the dangers associated with DHMO?

• Each year, Dihydrogen Monoxide is a known causative component in many thousands of deaths and is a major contributor to millions upon millions of dollars in damage to property and the environment. Some of the known perils of Dihydrogen Monoxide are: Death due to accidental inhalation of DHMO, even in small quantities.
• Prolonged exposure to solid DHMO causes severe tissue damage.
• Excessive ingestion produces a number of unpleasant though not typically life-threatening side-effects.
• DHMO is a major component of acid rain.
• Gaseous DHMO can cause severe burns.
• Contributes to soil erosion.
• Leads to corrosion and oxidation of many metals.
• Contamination of electrical systems often causes short-circuits.
• Exposure decreases effectiveness of automobile brakes.
• Found in biopsies of pre-cancerous tumors and lesions.
• Often associated with killer cyclones in the U.S. Midwest and elsewhere.
• Thermal variations in DHMO are a suspected contributor to the El Nino weather effect.

“Forward this to everyone in your address book, it’s that important!”

;-)

A forty year study shows that exposure to sunlight reduces cancer.

A daily dose of vitamin D could cut the risk of cancers of the breast, colon and ovary by up to a half, a 40-year review of research has found. The evidence for the protective effect of the “sunshine vitamin” is so overwhelming that urgent action must be taken by public health authorities to boost blood levels, say cancer specialists.

A growing body of evidence in recent years has shown that lack of vitamin D may have lethal effects. Heart disease, lung disease, cancer, diabetes, high blood pressure, schizophrenia and multiple sclerosis are among the conditions in which it is believed to play a vital role. The vitamin is also essential for bone health and protects against rickets in children and osteoporosis in the elderly.

Vitamin D is made by the action of sunlight on the skin, which accounts for 90 per cent of the body’s supply. But the increasing use of sunscreens and the reduced time spent outdoors, especially by children, has contributed to what many scientists believe is an increasing problem of vitamin D deficiency.

Paul at Wizbang has a good headline roundup, including something I didn’t know, and that is that gift card spending doesn’t count until the card is actually used. This surprised me, because the money has been given to the store, but I guess it is offset by a liability until it is used.

And in addition, it seems to me that often someone will spend more than what is on their gift card. If you’re given a $20 gift card, you might buy a $25 gift and pay the extra $5.

Friday was Walmart’s biggest day ever. Amazon.com took 108 million orders. Holiday spending up 9%. etc.

With all sorts of year end lists floating around, I thought I would suggest this one to MZ readers. It’s a compilation of odd stories from the year.

The new “Fake but Accurate” (from Treacher’s poll).

UPDATE 12/28: Yesterday when we posted this, we thought it was clever. Turns out Ted Kennedy really is going with “Fake but accurate.”

From Best of the Web:

Kennedy, meanwhile, apologized for slandering America’s dedicated law-enforcement agents by portraying them as totalitarian thugs.

Ha ha, we fooled you! Here’s the actual Kennedy response as reported by the Globe:

“Laura Capps, a Kennedy spokeswoman, said last night that the senator cited ‘’public reports” in his opinion piece. Even if the assertion was a hoax, she said, it did not detract from Kennedy’s broader point that the Bush administration has gone too far in engaging in surveillance.”

CNSNews pointed out a few days ago that the Congressional Black Caucus has not yet distributed any of the money it raised for Katrina victims.

The CBCF then launched its own relief fund on Sept. 21, with a stated goal of raising $1 million to help Gulf Coast residents rebuild their lives. As Cybercast News Service previously reported, the CBCF claimed immediate success, telling reporters on Sept. 21 that it had already received $700,000 in corporate pledges.

But on Wednesday, exactly three months after the news conference launching the CBCF relief fund, Rice told Cybercast News Service that the Foundation has actually raised “somewhere in the neighborhood of $350 to $400,000.” She added that the distribution of the money would not begin until January or February of 2006 at the earliest.

LaShawn asks: “Why the delay? Don’t be surprised to hear about some lavish, impromptu New Year’s Eve “charity” bash.”

Independent Conservative: “I don’t know about any of you, but if I learned my donations to help Katrina victims were not going to be spent till sometime next year, I’d find another charity to give to!”

Ron at Preaching Politics: “So while refugees are still living in tent cities and cheap hotel rooms across America, the CBC is sitting on hundreds of thousands of dollars in supposed aid money. Does this mean that the Congressional Black Caucus hates black people more than President Bush?”

Matt at Blogs for Bush: “How’s this for irony… Following Hurricane Katrina, the Congressional Black Caucus Foundation (CBCF) criticized the Bush administration for what they claimed was a racially insensitive slow federal response… Well… guess what?”

Rhymes with Right: “Three Days Later Was Too Late, But Three Months Later Is Too Soon”

Clear and Present highlights the statements of U.S. Rep. Carolyn C. Kilpatrick (D-Mich.) at the CBC news conference in September, when she said: “I’m ashamed of our government. We don’t want another Iraq, where the money just goes off somewhere. This is real human need. And I’m outraged by the lack of response from our federal government.”

Bobby Eberle at The Loft: “It seems to me that if any group should be accused of insensitivity and playing politics, it is this one. They criticize for slow response, yet none of their money has even been used. They bash the president for insensitivity, yet how insensitive is it to hold unto relief money when hurricane victims are suffering? The “Scrooges” at the Congressional Black Caucus are the ones who should be ashamed.”

In Prairie Village, Kansas, the ACLU helped to draft a signage law.

The ordinance says sign placement and size must be restricted to prevent them from creating traffic hazards. The sign ordinance also seeks to prevent “visual clutter” in neighborhoods.

“The law changes all the time in this area,” Wetzler said, noting the latest version of the ordinance was drafted with the ACLU’s input. “There have been new cases that come out, and if we need to look at it, we will.”

David Quinly, a resident, then was ticketed for violating the law with his own homemade signs “opposing the war in Iraq.”

And now, he is being represented by ACLU attorney, John Simpson…

“It’s clearly a First Amendment issue,” said Quinly’s attorney, John Simpson. “We think … that the Prairie Village sign ordinance is too restrictive.”

…

“You’ve discriminated, in effect, against political speech, which is the speech most protected in our (First) Amendment,” Simpson said.

A Fark.com submitter summarized succinctly.

ACLU helps draft a town’s law regarding sign restrictions. Man gets fined for having anti-war signs that violate those restrictions. ACLU then helps sue the town for free-speech violations

Earlier today, we mentioned that the Discovery Toys Super Marbleworks Raceway Accessory set was on sale starting January 1st, but we neglected to mention that the bath time version is also on sale!

My kids absolutely love the Discovery Toys Stuck-On Marbleworks, and starting January 1st they’re on sale for $9.99 (regularly $16.99). Go get a few! (It’s item #2871)

It’s like a Super Marbleworks for the bath tub!

Discovery Toys Winter Sale starts January 1st, 2006, and they have 47 of their hottest products up to 50% off! One in particular that we noted, was the Super Marbleworks Raceway Accessory Set. It’s item #3851, and it normally is $15.99 and is on sale for only $7.99!

As regular readers of Myopic Zeal know, I’m a huge fan of Discovery Toys products in general, but one of my all time favorites is the Super Marbleworks, and with the accessory set on sale, I couldn’t resist the opportunity to put an extra plug in for one of our sponsors!

Go order a few to expand your set! And if you don’t have a set of Marbleworks yet, you’re missing out on one of the coolest toys in existence for dads, er, I mean, kids. :-)

It looks like it’s time to investigate another leak of classified information that could harm the national security United States.

Someone who is concerned that monitoring radiation levels at certain Muslim sites without a warrant may constitute an illegal search, has shared those concerns with U. S. News.

I’m waiting for those who called so vociferously for the Plame leak to be investigated to begin their “investigate the leak” routine again. But I’m not holding my breath.

It’s been a fun first year for Myopic Zeal since we started up on January 11, 2005.

The first day of blogging we got a link from LaShawn, which was a fun way to start. We had close to 200,000 visits during the year, about 40,000 of which came in March thanks to unrelated links on the same day from Michelle Malkin (about our Stacey Campfield coverage) and Glenn Reynolds (where we compared Michael J. Totten’s picture with that of Saddam) during that month. We’ve learned a lot from other bloggers along the way and have enjoyed interacting with other non-blogging readers as well.

We wish you all a great Christmas and a wonderful New Year!

***

Posting will range from light to nonexistent over the next week or so as we celebrate the birth of Jesus Christ with our friends and family.

Amidst the fun and glitter, don’t forget what the season is really about.

This ought to make you cringe or laugh. Or both.

Florida Attorney General Charlie Crist has been an anti-spam crusader. Here he is quoted in 2004.

“Spam is an annoying, intrusive form of e-mail that almost all of us receive but few of us want. Much of it is just clutter, but some of it can be downright offensive,”

Turns out Crist is now running for Governor and is spamming people. But it’s apparently not spam, according to his political director.

“It’s not spam,” insisted Arlene DiBenigno, Crist’s political director. “It’s political speech. We’re not selling anything, we’re not being deceptive. We love the First Amendment, and there’s nothing more powerful than political speech.”

This week Bush pardoned two people convicted years ago of moonshining.

The pardons this week restore full U.S. citizenship to the men, including the rights to vote and buy a gun, their attorneys told The Knoxville News Sentinel. But their records will reflect both the felony convictions and the pardons.

Cantrell said that in the mid-1960s he and two friends set up a still on the side of Monteagle Mountain, surrounded by trees. “It don’t take a genius to make it,” he said.

Soon afterward, the site was raided and he was convicted of Internal Revenue Service liquor law violations and given three years probation.

As a public service to readers of Myopic Zeal who may have histories of moonshine convictions, here is the paperwork you need to begin the process of requesting a pardon.