Judges are frequently confronted with cases that hinge upon scientific information that their educational backgrounds may leave them ill-equipped to manage. Because of this challenge, the Federal Judicial Center, a group within the judicial branch of the government, has collaborated with the National Academies of Sciences (NAS) to produce a reference manual that provides background on a range of scientific and medical issues that frequently confront the court system. The Reference Manual on Scientific Evidence is currently on its fourth edition, and it has turned out to be an unexpectedly controversial one.
For the first time, this edition of the Reference Manual has included a chapter on climate change, meant to prepare judges to manage and potentially decide cases focused on everything from federal environmental rules to charges that fossil fuel producers engaged in fraud by ignoring the many warnings of harms caused by their products. That didn’t sit well with Republican politicians; a collection of red-state attorneys general sent a letter demanding that the Federal Judicial Center pull the chapter. Back in February, it complied, posting a modified version of the Reference Manual with the climate chapter deleted.
But, as noted above, the NAS arranges for the production of the Reference Manual, and it hosts a copy in its extensive library of publications. So, fresh off their success with the government, the same collection of attorneys general turned their sights on the Academies. In a letter dated February 19, they “urge” the NAS to follow the judiciary’s example and delete the chapter. Citing sources such as a Wall Street Journal editorial and their own threatening letter, the attorneys general accuse the NAS of engaging in “one-sided advocacy” and “judicial indoctrination,” and say it “is building a reputation as a partisan actor.”
This articles is written by : Nermeen Nabil Khear Abdelmalak
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