Tuesday, March 24, 2009
The Supreme Court has denied cert (2009 U.S. LEXIS 1996) in the University of California, Berkeley evolution website case. The Ninth Circuit affirmed the trial court's dismissal of the plaintiff's failure to establish standing.
In a published opinion, the district court concluded that Caldwell's allegations state only a generalized grievance insufficient for injury in fact, and dismissed the complaint....We also conclude that the harm asserted by Caldwell to her interest in being informed about the teaching of evolutionary theory is too generalized and remote to confer standing against the University of California faculty who administer the website and develop its content on behalf of the Museum of Paleontology. Caldwell's complaint against the Director of the National Science Foundation has become moot since her appeal was taken. Therefore, we affirm.