Federal Judicial Center writes a manual that it alleges—and too many judges and Justices accept at face value—to be an unbiased source of information to help judges make unbiased assessments about scientific testimony.
It has ceased to be that. The Wall Street Journal has written before that the FJC‘s manual had a thoroughly biased chapter on so-called climate science, and that when that chapter was exposed for the disinformation section that it was, the FJC removed the chapter.
But wait—there’s more.
In the climate science chapter, footnote 77 says “discussion of attribution research has been adapted, and, in some cases, excerpted from the authors’ prior publications on this topic.” A review by American Enterprise Institute senior fellow Roger Pielke Jr noticed that one of those earlier publications was co-authored with a third person who wasn’t named as an author in the climate chapter.
Mr Pielke says the mystery author is Michael Burger, executive director of the Sabin Center [of which the late chapter’s lead author is a Senior Fellow]. But here’s the shocker. He is also of counsel at Sher Edling, a plaintiff firm pushing climate-related lawsuits. The firm has promoted dubious legal theories, suing fossil-fuel companies for failure to warn about climate effects and public nuisance over the “cost of weather induced events.”
As nakedly biased as this chapter was, and which the FJC removed only when exposed, and whose authors defended the bias of their chapter with no correction of that disinformation, the obvious question becomes: what other nakedly biased “educational information” is included elsewhere in its manual that hasn’t been discovered yet?
The FJC, by rendering itself unreliable, has made itself irrelevant. Judges and Justices need to rely on their native intelligence and on better—or at least more and more varied—advisors.
Most of all, judges and Justices need to limit themselves to the evidence, scientific or otherwise, actually presented at trial. Outside sources of information are irrelevant and should be disregarded, even when disguised as “information” by sources like the FJC manual.