Posted by Wesley R. Elsberry on January 31, 2007 12:55 PM

A literary genre, “stream of unconsciousness”, flows from the pen of Casey Luskin. A recent instance of this concerned responses to me, Ed Brayton, and Tim Sandefur concerning Luskin’s claims that legal principles would cause higher courts to “disapprove of” the Kitzmiller decision because of the amount of text Jones copied from the plaintiffs’s proposed findings of fact. I take a look at Luskin’s response and point out some problems in Luskin’s accuracy of recount, structure of argument, premises, and show that Luskin’s asserted “errors” on Jones’s part are either nothing of the sort or don’t signify anything that a higher court would find to be reversible error.

Check it out on the Austringer.