June 14, 2005
Willkie retained by scientific community in controversial evolution disclaimer appeal currently pending before the United States Court of Appeals for the Eleventh Circuit.
Willkie was retained by 56 professional scientific organizations from around the country to represent their interests as amici curiae in a controversial evolution disclaimer appeal currently pending before the United States Court of Appeals for the Eleventh Circuit. The case involves a mandate issued by the Cobb County Board of Education requiring that a disclaimer singling out evolution as a theory be placed in biology textbooks. Specifically, the disclaimer read: “This textbook contains material on evolution. Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully and critically considered.”
On behalf of the scientific community, Willkie argued that the disclaimer 1) inaccurately uses the words theory and fact; 2) inaccurately defines evolution; and 3) erroneously implies that evolution is not well-established science. The case, Cobb County School District, et al. v. Jeffrey Michael Selman, et al., was brought to the appeals court after a federal district court concluded that the Cobb County School District had violated the Establishment Clause of the First Amendment of the U.S. Constitution as well as a provision of Article 1 of the Georgia Constitution.
Recognizing that public school education is a prime vehicle through which the general public gains basic knowledge of science, the scientific community deemed it imperative to involve itself as a “friend of the court” in this matter. In its brief, the scientific community stated, “When the nature and content of science are erroneously presented in the public schools, the position of science is negatively affected, which directly affects the interests of scientists. The technological innovations that drive our economy and provide for our national security are dependent on sound scientific research. So too are the breakthroughs that will provide for the improved health of our population, for a dependable food supply, and for increasingly needed new energy sources.” The Willkie team on this matter is being led by partner Richard Mancino with the assistance of associate Kristin McNamara.
