Two months ago we posted Kansas NGSS Case — Not Dead Yet. As you recall, a creationist organization with the Orwellian name Citizens for Objective Public Education (COPE) had sued Kansas to invalidate the state’s adoption in 2013 of the evolution-friendly Next Generation Science Standards (the “NGSS”). The correct name of the case is in this link to the plaintiffs’ original complaint — it’s a 51-page pdf file: COPE et al. v. Kansas State Board of Education et al.
Their case was tossed out at the trial court level when the state filed a motion to dismiss. The creationists appealed and lost. Then they tried to get the entire appellate court to review that, and they lost again. Their last move was to petition the US Supreme Court to review the case, and that’s where we left things — with a prediction about the fate of the creationists’ petition: “We’re betting it’ll be rejected.”
With our reputation as a seer at stake, we were delighted when our afternoon news sweep turned up this headline: Supreme Court won’t review lawsuit on Kan. school science standards in the Hays Post, a digital news site located in Hays, Kansas. Here’s one excerpt, with bold font added by us for emphasis:
The U.S. Supreme Court has refused to review a nonprofit group’s lawsuit claiming that science standards for Kansas public schools promote atheism. The high court on Monday rejected a petition from a nonprofit Kansas group calling itself Citizens for Objective Public Education. The decision came without comment.
Looking for more, we visited the website of our friends at the National Center for Science Education (NCSE). They’ve been tracking the case and they have an archive of the pleadings here: COPE v. Kansas State BOE. Sure enough, they have this article about the latest news, The end of COPE v. Kansas, which says:
On November 14, 2016, the Supreme Court declined (PDF, p. 2) to review COPE et al. v. Kansas State Board of Education et al., thus bringing the case to a decisive end. At issue was Kansas’s adoption of the Next Generation Science Standards, which, according to the plaintiffs-appellants, “establish[ed] and endorse[d] a non-theistic religious worldview” in violation of the Constitution.
“This is a case that was frivolous from the get-go,” commented NCSE’s executive director Ann Reid, noting that the federal courts have consistently recognized (in the words of McLean v. Arkansas) “that evolution is not a religion and that teaching evolution does not violate the Establishment Clause.” She added, “It’s a shame that Kansas was forced to devote resources to fighting this case instead of educating its schoolchildren.”
Frivolous indeed. NCSE provides a link to the order from the Supreme Court. It’s nothing more than a multi-page list of “ORDERS IN PENDING CASES.” Page one is a list of orders in active cases, and the second page is headed “CERTIORARI DENIED.” which means: “We’re not going to accept your case. Adios!” Midway down that second page, the Kansas case is the twelfth of 27 listed. It’s an ignominious end to an inherently silly case.
Just to make sure, we visited the website of the US Supreme Court. There we found the Court’s Docket for this case. It’s a short list of items. The last one says: “Nov 14 2016 — Petition DENIED.”
All we need now is the coroner of the Munchkins to certify that the case is truly dead. Hey — here it is on YouTube.
Copyright © 2016. The Sensuous Curmudgeon. All rights reserved.