Federal judge dismissed the challenge to Obama’s birth certificate

October 26, 2008

As expected, a federal judge in Philadelphia late Friday dismissed a challenge to the campaign of Barack Obama to produce yet another copy of his birth certificate. District Judge R. Barclay Surrick ruled that the plaintiff, screwball attorney Philip J. Berg, lacked standing to sue.

Appearing to take his inspiration from the Monty Python character, the Black Knight, Berg promised to appeal the decision to the Supreme Court of the U.S.

Among reputable media, only the Philadelphia Daily News took note of the dismissal early on:

Obama and the Democratic National Committee had asked Surrick to dismiss Berg’s complaint in a court filing on Sept. 24.

They said that Berg’s claims were “ridiculous” and “patently false,” that Berg had “no standing” to challenge the qualifications of a candidate for president because he had not shown the requisite harm to himself.

Surrick agreed.

In a 34-page memorandum and opinion, the judge said Berg’s allegations of harm were “too vague and too attenuated” to confer standing on him or any other voters.

Surrick ruled that Berg’s attempts to use certain laws to gain standing to pursue his claim that Obama was not a natural-born citizen were “frivolous and not worthy of discussion.”

The judge also said the harm Berg alleged did “not constitute an injury in fact” and Berg’s arguments to the contrary “ventured into the unreasonable.”

For example, Berg had claimed that Obama’s nomination deprived citizens of voting for Sen. Hillary Clinton in November. (Berg backed Clinton in the primaries.)

Berg could not be reached for comment last night.

Obama was born in Honolulu on Aug. 4, 1961, and the campaign posted a document issued by Hawaii on its Web site, fight thesmears.com, confirming his birth there.

Berg said in court papers that the image was a forgery.

The nonpartisan Web site FactCheck.org examined the original document and said it was legitimate.

Further, a birth announcement in the Aug. 13, 1961, Honolulu Advertiser listed Obama’s birth there on Aug. 4.

Dozens of bloggers bought new rolls of aluminum foil to make protective hats, and questioned the dismissal, or jumped to other equally unwarranted conclusions. Near total insanity.

Resources:

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Update, 10-27-2008:  Here’s an example of how lunatic this issue is, and how bizarre are the arguments.  This blog argues that Judge Surrick had the decision dictated to him from someone else in the Obama camp — the same lunatic argument creationists made against the decision of Judge Jones in the Dover, Pennsylvania, “intelligent design” trial.  Could it be that all lunatics are creationists?  Or is it just that lunatics all stumble into the same lunatic arguments?


History, naked again

October 26, 2008

Happy to have noticed that Uncovered History is back in operation. 

Recent Gems:

  • “360th Anniversary of the Peace of Westphalia” – never heard of it?  You’d better read this, then, yes?
  • “Warsaw 1920, a quality read” – What?  Your world history text didn’t mention Poland’s abortive attempt to liberate the Ukraine from the USSR in 1920, nor Lenin’s invasion of Poland and march on Berlin, nor the heroic stand at the Vistula described here as one of the most important military victories in history?  You’e better read this post, too, and maybe buy the book.
  • “The coming anarchy – Kaplan’s piece and the blog” — Robert Kaplan’s article in the 1994 The Atlantic described the woes of Africa.  14 years later, it’s still a good read and full of insight.  I wasn’t thinking of using that in world history in 1994 . . . I wasn’t thinking of teaching in 2008 in 1994.  Eoin Purcell’s reminders and pointers prove useful and informative once again.

Dating carbon, for the shy and inexperienced

October 26, 2008

A sure sign of scientific naiveté, especially among those of the creationist religion, is the raft of pseudo complaints about dating the ages of objects, especially fossils, through the use of radioisotopes.

First, creationists will complain that dating things with radiocarbon is impossible.  They aren’t sure why they think that, but it just makes sense to them that radioactivity in stones can’t be used to tell time, and don’t confuse them with any information about how their watches on their wrists are driven by electric currents sent through quartz crystals, and for God’s sake do not confuse them with any references to quantum theory and the workings of the cell phones most of them use to tell time since they evolved to lose the ability to read analog watches anyway (evolution always is to the detriment of the creature they believe, and try to demonstrate).

Then, without any hint that they understand or even see the irony, creationists complain that scientists lie when they say isotope dating puts the age of the Earth and the Moon at about 4.5 billion years, because, they observer, carbon dating is only good to about 50,000 years in most circumstances, and certainly no more than 100,000 years.  Don’t confuse them by telling them that dating of rocks almost always involves an isotope of an element other than carbon, like uranium.

As if to prove their science untrainability, from time to time a creationist will send a sample of something to a lab, asking that it be dated.  When the lab returns a date of several million years for the stuff dated, the creationists crow that they had crushed a brick, or in some other way provided a tainted sample, and they’ve “proven” that carbon dating doesn’t work.

Aardvarchaeology offers a quick primer on carbon dating, “Think before you carbon date.” Bookmark the site.  It’s a good rebuttal for whatever pseudo science claims creationists make about carbon dating.

Real scientists have to do real work.  Radiocarbon dating, or any isotope dating, is usually pretty expensive as a general rule.  It’s not something to be done lightly.  In addition to the expense, to get the dating done correctly, there is a lot of preparation to be done.  Martin Rundkvist details the process, from a live project of his. If you read his piece carefully, you note that he’s giving a primer in dendrochronology, too, the science of dating by tree rings.  

Real science is always more interesting than creationists can imagine.  Go see how it works.  Great stuff


Bush didn’t bother to catch Osama bin Laden

October 25, 2008

Can this be accurate?

Gareth Porter argues in Asia Times that the Bush administration never had any plans to get Osama bin Laden they were too busy planning an attack on Iraq to have time to get the man who led the attacks against us.  So Osama bin Laden went free, free to attack the U.S. again and again.

New evidence from former United States officials reveals that Osama bin Laden and other al-Qaeda leaders were able to skip Afghanistan for Pakistan unimpeded in the first weeks after September 11, 2001, as the George W Bush administration failed to plan to block their retreat.

Top administration officials instead gave priority to planning for war with Iraq, leaving the United States with not nearly enough troops or strategic airlift capacity to close the large number of possible exit routes through the Afghanistan-Pakistan border area where Bin Laden escaped in late 2001.

Because it had not been directed to plan for that contingency, the US military was also forced to turn down an offer from then Pakistani president Pervez Musharraf in late November 2001 to send 60,000 troops to intercept the al-Qaeda leaders.

Nuts.  Who could ever have guessed that incompetence in the White House could so cripple our military, and ultimately, so cripple our nation?

Can we move inauguration day up to December 1?  Please?


Quote of the moment: Nobel physicist Stephen Weinberg, on creationism

October 24, 2008

Physics Nobelist takes stand on evolution

“By the same standards that are used in the courts, I think it is your responsibility to judge that it is the theory of evolution through natural selection that has won general scientific acceptance. And therefore, it should be presented to students as the consensus view of science, without any alternatives being presented.”

–Dr. Steven Weinberg

[After the 2003 round of hearings on biology textbooks for Texas schools, I edited from the transcript of the hearings before the Texas State Board of Education the short speech made by Stephen Weinberg, who graciously joined in the fight for science, and shipped the remarks to anyone who wanted them.  The American Institute for Physics (AIP) put Dr. Weinberg’s remarks up on the web — here they are.  Something to think about now that the SBOE has stacked the science standards writing group with creationists unqualified in almost all sciences.

For the record, for your edification, for the advancement of truth in the fight for science, justice and the American Way:]

The following is a transcript of testimony to the Texas State Board of Education. Dr. Steven Weinberg, professor of physics at the University of Texas at Austin and a Nobel prize winner for electroweak theory, addresses the Board.

DR. WEINBERG: Thank you. Hello. Thank you for the opportunity to talk to you. I should say at the outset that I haven’t read the textbooks in question and I’m not a biologist.

Stephen Weinberg

Stephen Weinberg

My Nobel Prize is not in biology, but is in physics. But I have been a physicist for a long time. And I think I have a good sense of how science works. It doesn’t deal with certainties. We don’t register things as facts that we have to swear allegiance to.

But as mathematics and experiment progress, certain bodies of understanding become as sure as anything reasonably can be. They attract an overwhelming consensus of acceptance within the scientific community. They are what we teach our students.

And the most important thing of all, since our time is so precious to us, they are what we assume as true when we do our own work. Evolution — the theory of evolution through natural selection has certainly reached that status as a consensus.

I’ve been through these issues not very much professionally in recent years, but I was on a panel of the National Academy of Sciences some years ago that reviewed these issues in order to prepare an amicus brief in a similar argument that was taking place in Arkansas at that time. At that time, it had reached the courts. We know that there is such a thing as inheritable variations in animals and plants. And we know that these change through mutations. And it’s mathematically certain that as given inheritable variations, that you will have evolution toward greater adaptation. So that evolution through natural selection occurs can’t be in doubt.

As I understand it, many who want to put alternative theories into our textbooks argue that, although that may be true, we don’t know that that’s all that happens, that there is not some intelligent design that also assists the process of evolution. But that’s the wrong question. We can never know that there isn’t something beyond our theories. And that’s not just true with regard to evolution. That’s true with regard to everything.

We don’t know that the theory of physics, as it’s currently understood, correctly accounts for everything in the solar system. How could we? It’s too complicated. We don’t understand the motion of every asteroid in the asteroid belts. Some of them really are doing very complicated things. Do we know that no angel tips the scales toward one asteroid moving a little but further than it otherwise would have in a certain time? No, we can never know.

What we have to do is keep comparing what we observe with our theories and keep verifying that the theories work, trying to explain more and more. That’s what’s happened with evolution and it continues to be successful. There is not one thing that is known to be inexplicable through evolution by natural selection, which is not the same as saying that everything has been explained, because it never will be. The same applies to the weather or the solar system or what have you.

But I can say this, and many of the peak scientists here will have said, I am sure, the same thing. You must be bored hearing this again and again. But how can you judge? I’m not a biologist, you’re not biologists.
There is a natural answer which is very congenial to the American spirit, I think. And that is, well, let the students judge. Why shouldn’t they have the chance to judge these issues by themselves? And that, I think, is the argument that many are making.

But judge what? Judge the correctness of evolution through natural selection? Judge the correctness of Newton’s law or the conservation of energy or the fact that the Earth is round rather than flat? Where do we draw the line between the issues that we leave open to the student’s judgment and the issues that we teach as reasonably accepted scientific facts, consensus theories?

The courts face a similar question. They often are presented with testimony or testimony is offered, for example, that someone knows that a certain crime wasn’t committed because he has psychic powers or someone sues someone in tort because he’s been injured by witchcraft. The Court does not allow — according to current doctrines, the Court does not allow those arguments to go to the jury because the Court would not be doing its job. The Court must decide that those things are not science. And the way the Court does is by asking: What — do these ideas have general scientific acceptance? Does witchcraft have general scientific acceptance? Well, clearly, it doesn’t. And those — that testimony will not be allowed to go to the jury.

How then can we allow ideas which don’t have general scientific acceptance to go to high school students, not an adult jury? If we do, we are not — or you are not doing your job of deciding what is there that is controversial. And that might be an interesting subject to be discussed, as for example the rate of evolution, the question of whether it’s smooth, punctuated by jumps or whether it’s — or whether it’s just gradual. These are interesting questions which are still controversial which could go to students and give them a chance to exercise their judgment.

But you’re not doing your job if you let a question like the validity of evolution through natural selection go to the students, anymore than a judge is doing his job or her job if he or she allows the question of witchcraft to go to the jury. And why this particular issue of evolution? Why not the round Earth or Newton’s theory or Copernicus, the Earth goes around the sun? Well, I think it’s rather disingenuous to say that this is simply because there’s a real scientific conflict here, because there is no more of a scientific conflict than with those issues.

I do get involved in this issue. I think it’s clear that the reason why the issue was raised with regard to evolution is because of an attempt to preserve religious beliefs against the possible impact of the theory of evolution.

I don’t think teachers have any business either preserving religious beliefs or attacking religious beliefs. I think they should teach science.

And science, as the courts understand it, in that other context, is what is generally accepted by scientists. And what is the evidence that evolution through natural selection is generally accepted through science? I don’t think — general acceptance doesn’t mean unanimity.

I know there are Ph.D. scientists who take an opposite view.

There’s not one member of the National Academy of Sciences who does.

There’s not one winner of the National Medal of Science who does.

There’s not one Nobel Laureate in biology who takes the view that there’s any question about the validity of the theory of evolution through natural selection or that there is any alternative theory that’s worth discussing.

So by the same standards that are used in the courts, I think it is your responsibility to judge that it is the theory of evolution through natural selection that has won general scientific acceptance. And therefore, it should be presented to students as the consensus view of science, without any alternatives being presented.

Thank you very much.


High cost of lipstick

October 24, 2008

Now we know why the McCain campaign has been so sensitive about mentions of lipstick.

At more than $600 a day for what Delbert McClinton would call lipstick, powder and paint, can the U.S. afford Sarah Palin?


Carnival of Education Bankruptcy

October 24, 2008

Have you looked around lately?

Dallas isn’t the only school system in trouble in America.  Financial woes plague many, perhaps most of the nation’s schools systems.

Funding for schools is difficult in an environment where even good schools get stuck with the label “failing school” due to seriously misdirected programs from the federal government.  The situation is complicated by a non-booming economy, especially in districts that had been gearing to build new schools to accommodate increased student populations.

What will the future bring?

It’s enough to merit its own little impromptu carnival.  Oy.

There may be updates.  We haven’t even gotten to the Texas SBOE House of Science Horrors.

Vote, will you?


Recession or depression: Anecdotal evidence

October 23, 2008

Schools and teachers in Dallas still scramble to deal with the layoff of just over a thousand, including several hundred teachers.  At our school, schedule changes will be effective Monday, we hope.  Hundreds of students will have new schedules; in one case, we’re abandoning one elective entirely.

Teachers, staff and administration are shaken at best, bitter in worse cases, struggling to catch up everywhere.

About a dozen other teachers now have dropped by my classroom, asking about comparisons to corporate layoffs, an area where I have more experience almost all on the survivor side.   If I had to typify their reactions, I’d say the corps of teachers in Dallas is just scared.

Other economic stories don’t help.  Supplemental retirement funds have been hammered by Wall Street’s woes.  I hear teachers saying they had hoped to retire in a year or two, but can’t now, especially with a child or grandchild in college and tuition costs rising.

Also, locally, Dallas is supposed to lose a score of Starbucks locations (600 across Texas).  The first to close was the closest to Molina High School, last spring.  Last night Starbucks shuttered the first location south of the Trinity River in Dallas, a partnership with Magic Johnson, on Camp Wisdom Road.  It’s about four miles from here, a site I visited often when it first opened, but lately only when I get the tires rotated at the shop across the street.

Both of my parents lived through the Great Depression.  My mother graduated from Salt Lake City’s West High in 1932, and plunged into the grim job market.  She said that, on the farm, they had little awareness of the depression.  On farms in the late 1920s, everyone was poor.  Off the farm, things were a lot worse.

My father spoke about catching the first job that comes along.  His series of jobs in the Depression came from big businesses collapsing about as often as he got a better job from jumping.  He said it was possible to stay in employment, but once one got knocked out of the employment market, it was very difficult to get back in.  He was happy to have the skills to get a job behind a drugstore or cigar store “fountain.”

What was the difference between a depression and a recession?  They couldn’t say.

Tuesday I dropped into our remaining local Starbucks (may it remain open) for the weekly purchase of the New York Times featuring the science section. The woman barista noted my identification badge.  “My husband was just fired from that school,” she said.

I said I was sorry, I said we miss him badly (true in all cases).  I told her I hope he finds something soon.

Then I had to leave fast.

She’s working in a location condemned to close.  He’s just been laid off.  I didn’t ask about children.


Immigrants learning English: Not so fast

October 22, 2008

Economics fans, pay attention:  Immigrants tend not to learn English when they move to America.  Moreover, they do well without it.

Greg Laden’s got a nice write up of a study on immigrants learning English.  I especially liked this story:

I once met … at a centenary celebration of some kind … the grandchild of a man who moved as a teenager from the old country to southern Wisconsin, ahead of his family, to learn the local customs, farming techniques, and language. After a few years in a small town in Wisconsin, his family arrived to start farming. The young man had indeed learned the local practices, the local farming techniques, and the local language. German. His family, arab speakers from Palestine, were well served by this young man because German was all they needed to get along in the US.

Not what the “English only” crowd wants to hear.

Here’s the citation on the study Greg Laden wrote about:

M. E. Wilkerson, J. Salmons (2008). “GOOD OLD IMMIGRANTS OF YESTERYEAR,” WHO DIDN’T LEARN ENGLISH: GERMANS IN WISCONSIN American Speech, 83 (3), 259-283 DOI: 10.1215/00031283-2008-020 [you’ll need a paid subscription for the full text]


Fixing personal history

October 22, 2008

You know how you think about things in history, about your view of things, and then come to realize that how you had been thinking about them, it couldn’t have happened that way?

I just came to the realization that my father couldn’t have been working on Liberty Ships during World War II, I don’t think.  He was north of Los Angeles, in the Bay Area during World War II.  His plumbing and pipefitting would have had to have been in the 1930s.

Who is left alive to tell?  Another case of “I wish he’d written it down,” and “I shoulda got the tape recorder and wired myself up to ask those questions.”

(Here’s where we discover my older siblings don’t read this blog, as we’ve suspected all along.)


Dad the Mechanic, vs. Joe the Plumber

October 22, 2008

Ms. Cornelius at A Shrewdness of Apes nails things down again. Tip of the old scrub brush, with extra bubbles, to JD2718.

My father tended to vote Republican, too.  For the first nine years of my life he remained a small business owner, in Burley, Idaho.  When the workers at J. R. Simplot went out on strike one November (1961 as I recall, but I was a child), it doomed several furniture stores in and around Cassia County, and my parents’ was just one.  For the rest of my life my father worked for other people, until he retired.

Still he voted Republican.  He even had a union card, from the old plumbers and pipefitters union in Los Angeles, from when he worked on Liberty Ships during World War II.  I never could figure it.

I do recall the stern lecture I got when I went to the Democrats’ mass meeting my first election, and then when I got elected as a delegate for McGovern and — the only one in my town, as I recall — I put up the McGovern bumpersticker (McGovern finished third in parts of Utah County, behind the American Party candidate).  My father told me that no one in the family had ever voted Democratic before.

It was a great comic scene, somthing right out of Woody Allen.  My father lecturing me about how voting Republican was rather a family duty, with my mother behind him shaking her head “no,” and mouthing “Don’t believe him.  Not true.  No.”

The only president I ever smuggled him in to see was Jimmy Carter.  Carter showed up in Salt Lake City, and spoke in the Latter-day Saints’ Tabernacle on Temple Square, as I recall.  I wangled the tickets, got Dad there and sat with him.  Better than Christmas.  Almost as good as when we watched Henry Mancini from nearly the same seats.

I don’t really know how my father would vote in this election, though.  He was nervous about the civil rights campaigns, about Martin Luther King, Jr.  He’d tell the stories about why he had problems with unions, about how the unions kept him from promoting African Americans he’d hire at United Cigar Stores in Los Angeles (before the Liberty Ship gig).  And he’d say that he wouldn’t have any problem voting for a black man who had a history of accomplishment in areas outside of civil rights, too.   He said he could vote for a black man from Harvard, someone who had the educational background of Kennedy, though he voted for Nixon against Kennedy (and Nixon twice more). Barack Obama might be the guy my father would have voted for.

Life sometimes imitates Thomas Kuhn’s observations about scientific revolutions.  Sometimes the children have to go vote the interests of the parents, especially when the parents don’t, or won’t.

My father voted against Lyndon Johnson, too — twice.  Johnson’s reforms of Social Security, designed to keep American senior citizens out of the county poor houses, kept my father out of poverty after he finally retired (at 75?  77?).  The Republican businessmen he’d put his faith in managed to squander the pension funds he might have had, or cheat him out of the share of the business that would have kept him from having to rely on Social Security.  My father put his faith in Republicans, but Lyndon Johnson rescued him.

I don’t know this “Joe the plumber.”  I knew my father, the former plumber and pipefitter, the erstwhile small business owner, the man who worked from the time he was 14 to help his family get enough education to get out of poverty, first his sisters in college, then his own family.  He never made enough to benefit from tax cuts for the rich.  My father was real, and deserved better.

Go read Mrs. Cornelius’s story.


Voting matters, in Iraq, in Texas

October 21, 2008

Rick Noriega is a rising star, a good man who has served his nation and state well, in Iraq, in the Texas legislature, and now — he hopes —  in the U.S. Senate.

Early voting opened this morning in Texas. Record turnouts reported from Dallas County.  It’s an important election, and not too late to donate to the candidate of your choice and/or volunteer to canvass.


Solid research on controlling malaria

October 20, 2008

Looking for other things, I stumbled into two research journal articles on the fight against malaria.  Neither calls for a return to broadcast spraying of DDT; neither claims the ban on agricultural use of DDT had any significant effect on the rise of malaria.

Both are loaded with serious research that exposes DDT advocates as charlatans.

First:  from Clinical Microbiology Reviews, October 2002, p. 564-594, Vol. 15, No. 4
0893-8512/02/$04.00+0; DOI: 10.1128/CMR.15.4.564-594.2002. “Evolutionary and Historical Aspects of the Burden of Malaria,” by Richard Carter and Kamini N. Mendis:

SUMMARY:  Malaria is among the oldest of diseases. In one form or another, it has infected and affected our ancestors since long before the origin of the human line. During our recent evolution, its influence has probably been greater than that of any other infectious agent. Here we attempt to trace the forms and impacts of malaria from a distant past through historical times to the present. In the last sections, we review the current burdens of malaria across the world and discuss present-day approaches to its management. Only by following, or attempting to follow, malaria throughout its evolution and history can we understand its character and so be better prepared for our future management of this ancient ill.

Second, from Joel G. Bremen, Martin S. Alilio, and Anne Mills, “Conquering the Intolerable Burden of Malaria:  What’s New, What’s Needed:  A Summary,” Am. J. Trop. Med. Hyg., 71(2 suppl), 2004, pp. 1-15 (The American Journal of Tropical Medicine and Hygeine).

High school kids, there are the sources you need for your papers on the fight against malaria.


NCSE’s new web design

October 20, 2008

Visited the website for the National Center for Science Education (NCSE) lately?

NCSE redesigned the website — it looks great!

NCSE is the only group in America — which means it may be the only group in the world — that stands for science education so stoutly, especially with regard to the teaching of evolution.

Arrayed against much more munificently funded “ministries” of many stripes, against the oddball but money-rich Discovery Institute, NCSE is the only organization that stands to defend the teaching of the hard science of evolution in America’s schools.

Particularly in times like these, when forces of darkness mass to assault science education, we need NCSE.  Go check out their website.

And, teachers:  Bookmark that site. It’s one of the verifiable, good sites you can point your students to for any research project.  Click on the logo to see.


Obama “most liberal,” McCain “most absent”

October 20, 2008

Anyone who has staffed Congress knows the various ratings of the votes of Members of Congress are most often skewed by the organizations that make them.  They pluck a dozen votes out of several hundred cast by a member in a year, to claim that special dozen can tell the character, or value, or liberalness or conservativeness of the member.

So when campaign surrogates claim that one of the candidates is “the most” whatever, it need be taken with a few grains of salt.

Presidential campaigns can wreak havoc on a members voting record — heck, reelection campaigns can do the same — because candidate forums and primary election dates almost always conflict with the work of Congress.  A candidate for president might be lucky to make even the major votes.

Obama missed several key votes, but got enough in to get rated.  According to one rating, by National Journal, Obama is “the most” liberal U.S. senator.  In today’s U.S. Senate, that’s not really saying much, since moderate Republicans have gone extinct there, and most of the liberal lions of the Democrats are at least retired, if not dead.

Listening to the Sunday talk shows today, I wondered why McCain’s people, always anxious to brand Obama as “most liberal,” don’t point to McCain’s own ranking.  Why not show the differences between the two on the issues, where it counts, in the votes?

So I checked.  John McCain missed more than half the votes in most areas rated by National Journal, and so could not be ranked. It looks worse when you look at the company McCain keeps in the “unranked” category.

Three senators do not have scores for 2007 because they missed more than half of the rated votes in an issue area: John McCain, R-Ariz., who was running for president; Tim Johnson, D-S.D., who was recuperating from a brain hemorrhage and returned to work on September 5, 2007; Craig Thomas, R-Wyo., who died on June 4, 2007; and John Barrasso, R-Wyo., who was appointed to succeed Thomas on June 22, 2007.

John McCain:  Most absent.