Brief Amicus Curiae of Center for Constitutional Jurisprudence in Support of Respondents
John C. Eastman
SummaryOriginal

Summary

While science can inform policy choices, it cannot always provide definitive answers about what is "right" or "wrong." In this case, the science presented could not definitively say the policy made by Florida was correct or incorrect.

2009 | Federal Juristiction

Brief Amicus Curiae of Center for Constitutional Jurisprudence in Support of Respondents

Keywords fMRI; Eighth Amendment (U.S.); cruel and unusual; scientific evidence; juvenile brain development; brain imaging
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Summary of Argument

The “scientific” evidence presented in the American Medical Association and the American Academy of Child and Adolescent Psychiatry Amicus Brief is far from being established as accepted scientific fact. The tests, results, and interpretation of those results cannot yet meet admissibility and reliability standards as established by this Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). It is the type of developing science that may be relied on by legislatures as they consider policy choices, but is not the type of established and accepted science that a court may use to overturn those policy choices. In designing our system of government, the Founders vested the legislative branch with the power to make policy. While the judicial power exists to ensure that legislative policy-making stays within the outer bounds established by the Constitution, the judicial branch was not granted a broad power to overrule policy choices on the basis of a dispute over which policy may be wisest. Science cannot yet provide a reliable basis for concluding that the policy choice of the Florida legislature in this case was either “correct” or “erroneous.” This Court cannot rely on the scientific theories presented in the AMA brief, therefore, to overrule the state’s policy choice.

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Summary of Argument

Scientific Limitations of the Evidence

The scientific evidence presented in the Amicus Brief filed by the American Medical Association and the American Academy of Child and Adolescent Psychiatry falls short of meeting the admissibility and reliability standards established in Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993). The tests, results, and their interpretations are still in a developmental stage and cannot be considered established scientific fact.

Policy-Making and the Role of Courts

While scientific evidence can inform legislative policy choices, it is not the role of courts to overturn those choices based on scientific disputes. The Constitution vests policy-making power in the legislative branch. The judicial branch is tasked with ensuring that policies remain within constitutional boundaries, but it does not have the authority to overrule policy decisions based on disagreements over scientific theories.

Conclusion

The scientific theories presented in the AMA brief do not provide a reliable basis for courts to overturn the policy choice made by the Florida legislature. The evidence is not sufficiently established or accepted to meet the standards of admissibility and reliability required for judicial decision-making.

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Summary of Argument

The scientific evidence used to support claims in court cases, such as the one involving the American Medical Association and the American Academy of Child and Adolescent Psychiatry, may not always be reliable enough to overturn policy decisions made by lawmakers.

Testing and Interpretation Challenges

The tests and methods used to gather and interpret scientific evidence can sometimes be unreliable or inconclusive. This makes it difficult for courts to use such evidence as a basis for overturning policy choices.

Policy-Making Role of Legislatures

The Constitution gives the power to make policy decisions to the legislative branch of government (e.g., Congress). Courts can ensure that these decisions stay within constitutional limits, but they cannot simply overrule them based on disagreements over scientific evidence.

Limitations of Science

While science can inform policy choices, it cannot always provide definitive answers about what is "right" or "wrong." In the case mentioned above, the scientific theories presented could not reliably determine whether the policy choice made by the Florida legislature was correct or incorrect.

Conclusion

Courts must be cautious when relying on scientific evidence to overturn policy decisions. The evidence must be established and reliable, and it should not be used to override the authority of the legislative branch to make policy choices.

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Summary of Argument

The Science Behind the Court Case

Some medical groups say that science shows it's not right to ban certain medical treatments for teens. But the court says that this science isn't strong enough to prove that the ban is wrong.

Science in the Courtroom

When courts make decisions, they need to use reliable and proven information. In a famous case called Daubert, the court set rules for what kind of science can be used in court.

The Problem with the Science

The science that the medical groups are using is still being developed. It's not yet at the level where it can be considered proven and reliable.

Who Makes the Rules?

The Constitution gives the power to make laws to the government, not the courts. Courts can only step in if the laws go against the Constitution.

Conclusion

The court can't use the science presented by the medical groups to overturn the ban because it's not strong enough. It's up to the government to decide what laws to make, not the courts.

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Summary of Argument

Some doctors have given their opinions to the court about a law in Florida. They say that science shows the law is not a good idea. But the court says that the science is not strong enough to prove that the law is wrong.

The court says that the science is still new and changing. It's like when you're learning something new in school. You might not have all the answers right away. The court says that it's up to the people who make laws to decide what to do, even if the science isn't perfect.

The court says that it can't use science to change laws unless the science is very clear and strong. The science about this law is not clear and strong enough yet. So, the court can't change the law based on this science.

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Footnotes and Citation

Cite

Center for Constitutional Jurisprudence, Brief of Amici Curiae in Support of Respondents, Joe Harris Sullivan et al. v. Florida et al., Nos. 08-7621 & 08-7412 (U.S. September 21, 2009)

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