UNITED STATES OF AMERICA
DEPARTMENT OF EDUCATION

Washington, DC 20585

In the Matter of:

Application for Renewal of
The Association for Clinical Pastoral
Education, Inc. to accredit clinical
pastoral education (CPE) and
supervisory programs

National Advisory Committee on
Institutional Quality and Integrity
meeting December 4-6, 2006
Federal Reg Notice Vol 71 No. 165
August 25, 2006 – Page 50404, 3rd column
Item 5, Association for Clinical Pastoral
Education, Inc.

JEFOUND AND SCOTT REQUEST TO MAKE AN ORAL PRESENTATION IN SUPPORT OF THEIR OPPOSITION TO THE REQUEST OF THE ASSOCIATION FOR CLINICAL PASTORAL EDUCATION, INC. TO RENEW ITS ACCREDITATION AUTHORITY

1. Presenter

William Sumner Scott, J.D. (“Scott”), P. O. Box 380341, Miami, FL 33233, wss@jefound.org, presents the following request:

2. Organization Represented

Scott represents himself and Judicial Equality Found, Inc., a 501(c)(3) qualified, Florida non-profit corporation, (“jefound”) dedicated to the use of the judicial system to maintain civilized order. See http://jefound.org for statements of its history, purpose and other activities.

3. A. Jurisdiction

1) The Higher Education Act of 1985, 79 Stat. 1212, as amended, 20 U.S. C. A. § 1070, granted the Department of Education (the “Department”) the right to determine which associations and agencies will have authority to accredit schools of higher education and on what terms.

2) Scott is a citizen of the United States. Scott and jefound have standing to make their presentation to the Committee as members of the public.

3) The Association for Clinical Pastoral Education, Inc. (the “Association”) is engaged in the promotion of the study of faith-healing. The application to the Secretary for accreditation rights seeks approval of the Association’s religious beliefs and gives appearance of credibility that violates the First Amendment to the United States Constitution that prohibits the establishment of Religion by the Federal government because (i) the study of the faith healing has no secular purpose, (ii) to accredit faith healing education is to advance religion by government action, and (iii) to supervise the accreditation of faith healing education is excessive entanglement of church and state. Lemon v. Kurtzman, 403 U. S. 602 (1971).

4) Pastoral education as the word of God or any other divinely inspired work is without proof or valid theory worthy of higher education.

B. Argument

1) The Association members claim the existence of God without attempt of proof or empirical investigation of that claim. The Association teaches its members to teach their students to appeal to a higher power. The Association requires that an applicant must usually have completed at least one year of theological school to enroll in clinical pastoral education (“CPE”) and such other requirements or education and experience as a specific Association member CPE center may require.

2) The Association requires that an applicant complete several units of CPE, demonstrated a readiness to utilize Supervisory CPE, usually has a theological degree, and several years of pastoral experience prior to entry to Supervisory CPE training. The Association has not required study of religious history or holy books to explain that two or more of the Torah, Bible and Qur’an are wrong when they claim to be the only true word of God.

3) The Association teachings fail to have the fair and balanced approach to question the beliefs presented that one would expect of higher education. The Association member’s courses and methods lack sufficient validity to be claimed to be education in any form and, therefore, are not proper subjects for accreditation.

4) There is no evidence that pastoral intervention has any benefit in excess of positive thinking that could have been generated by the parishioner, his or her family, psychology professionals, or any other concerned person.

5) Many, if not all, members of the Association believe their particular denomination or sect is the only true prayer and other intervention medium to reach God[1]. The practices the Association promotes to its members expose the member’s followers to damage. For example, The Church of Christ, Scientist, followers are urged to rely solely on the faith healing methods advocated by the Association. They are legally permitted to refuse medical treatment in spite of the knowledge that one or more of them have died from a disease the medical profession could have easily cured. See Hermanson v State, 604 So. 2d 775 (Fla 1992) for a child who died in bed of infant diabetes while the parents and clinical pastoral practitioner prayed.

6) Although Congress has granted the authority to the Food and Drug Administration to regulate patent medicine and the Securities and Exchange Commission to regulate fraudulent presentations to raise money, nether they nor any other government agency has been given the power by Congress to eliminate the unsubstantiated claims made by the Association and its members to seek donations from the afflicted and their families.

7) The Association claims that the First Amendment to the United States Constitution intended to protect individual religious thought extends to their organized religion’s fraudulent business practices to seek donations. The misappropriation of the individual’s First Amendment protection of religious freedom must not be allowed to morph into approval of organized religions’ faith healing hocus pocus under the guise of government accredited education. The conflicting claims of various organized religious businesses are best evaluated in a rational unbiased educational setting rather than presented unchallenged by the Association. If an analysis of the value of the belief in God and heaven is to be made, it should be made by psychology departments based upon an observational or a posteriori approach.

8) Although the Association limits its activities to the United States, its members practice the same beliefs throughout the World. The Association is open to all organized religions, including Judaism, Christianity, and Islam. Anarchy to further those organized religions’ beliefs that were proven by the confession or eyewitness accounts have included the murder of an abortion doctor[2], movie producer[3], judge[4], and Jewish volunteer[5]. It was demonstrated in the streets of a United States occupied Kabul, Afghanistan in response to twelve Danish cartoons that depicted Muhammad, the Islamist messiah[6].

9) Civilization’s first line of defense against anarchy is its’ formally educated.[7]

10) The advent of nuclear weapons combined with the irrational thought processes of organized religious leaders and their followers require an examination of the effect of organized religious beliefs upon civilization. Under this scrutiny, the unproved beliefs promoted by the Association and its members will not stand muster. By a trace of the evolution of religious beliefs, one can prove that organized religion is man made and forced upon the masses by government sanctions, violence, and intimidation.[8]

WHEREFORE, the Advisory Committee is requested to recommend to the Secretary that the Petition to renew the authority of The Association for Clinical Pastoral Education, Inc., to accredit its member programs, be DENIED.

JUDICIAL EQUALITY FOUNDATION, INC.

/s/ William S. Scott
By: William Sumner Scott, J.D.
Executive Director
Judicial Equality Foundation, Inc.

/s/ William S. Scott
William Sumner Scott, J. D.

1. Dave Anderson, The Infidels, Authorhouse, 2005, p 212.

2. Dr. John Britton and his bodyguard, James Barrett were murdered on July 29, 1994, by the Rev. Paul Jennings Hill, a Presbyterian minister, because the Doctor Dave Anderson, The Infidels, Authorhouse, 2005, p 212.

3. See Deuteronomy 13:6-9 : “If your very own brother, or your son, or daughter, or the wife you love, or your closest friend secretly entices you, saying, ‘Let us go and worship other gods’ (gods that neither you nor your fathers have known, gods of the people around , whether near or far, from the one end of the land to the other) do not yield to him or listen to him. Show him no pity. Do not spare him or shield him. You must certainly put him to death.” The New International Version, The Holy Bible, performed legal medical procedures that were believed to violate Association Christian member religious teachings that God forbids abortion.

4. Theo van Gogh was murdered on November 2, 2004, by Mohammed Bouyeri to defend Association Islamist religious teachings from a movie legally written by Ayaan Hirsi Ali and produced by van Gogh titled Submission that violates Islamist beliefs that God permits male abusive treatment of woman.

5. Judge Mustafa Yucel Ozbilgin was murdered in Ankara, Turkey, on May 17, 2006, by Alpaslan Aslan, a lawyer, to defend Association Islamist religious beliefs that God requires Islamist woman to wear a headscarf.

6. Pamela Waechter was murdered on July 28, 2006 by Naveed Afzal Haq, an American Islamist, at the offices of the Jewish Federation, Seattle, Washington, to further Association religious beliefs that Islam is superior to Judaism and that Islam is mistreated by the American government’s support of Israel.

7. Two protesters of the cartoons were killed and 13 others injured, when Afghan police fired on February 6, 2006, on about 2,000 protesters who tried to force entry to the Bagram Airbase, a U.S. base north of Kabul, Afghanistan.

8. Wilhelm Niemoller, Struggle and Testimony of a Confessing Church, Bielefeld L Bechauf, 1948, p 526, citing Albert Einstein’s first look to the formally educated in a Democratic Germany to stop Adolph Hitler.

9. The edict that the Christian Bible and the Nicene Creed was to be the only recognized religion by Constantine I in 325 A. D. and the outlaw of Arianism by Theodosius I in 379 A.D. The sword was used to impose Christianity pursuant to those edicts. Sam Harris, End of Faith, W. W. Norton, 2005, page 155, notes 9 and 10.

CERTIFICATE OF SERVICE

On this 25th day of September, 2006, the undersigned certifies that a copy of the above Opposition of jefound.org and Scott to the Renewal of the Association for Clinical Pastoral Education, Inc. to accredit clinical pastoral education and supervisory programs was sent by email to: Francesca.Paris-Albertson@ed.gov and the original hardcopy was by first class mail, postage prepaid, to: Ms. Francesca.Paris-Albertson at U. S. Department of Education, Room 7110, MS 8509, 1990 K Street, NW, Washington, DC 20006 and a copy by the same methods to: teresa@acpe.edu and a printed copy to: Teresa Snorton, Executive Director, The Association of Clinical Pastoral Education, Inc., 1549 Clairmont Road, Suite 103, Decatur, GA 30033-4611.
/s/ William S. Scott
William Sumner Scott, J.D.
Executive Director
Judicial Equality Foundation, Inc.
P. O. Box 380341
Miami, FL 33238

email: wss@jefound.org
website: http://jefound.org

UNITED STATES OF AMERICA
DEPARTMENT OF EDUCATION

Washington, DC 20585

In the Matter of:

Application for Renewal and
Expansion of Recognition 
of The Association for Biblical Higher
Education to accredit Bible Schools

National Advisory Committee on
Institutional Quality and Integrity
meeting December 4-6, 2006
Federal Reg Notice Vol 71 No. 165
August 25, 2006 – Page 50403 3rd column
Item 1, Association for Biblical Higher
Education

JEFOUND AND SCOTT REQUEST TO MAKE AN ORAL PRESENTATION IN SUPPORT OF THEIR OPPOSITION TO THE REQUEST OF THE ASSOCIATION FOR BIBLICAL HIGHER EDUCATION TO RENEW AND EXPAND ITS ACCREDITATION AUTHORITY 

1. Presenter

William Sumner Scott, J.D. (“Scott”) P. O. Box 380341, Miami, FL 33238, wss@jefound.org, presents the following request:        

2. Organization Represented
Scott represents himself and Judicial Equality Found, Inc., a 501(c)(3) qualified, Florida non-profit corporation, (“jefound”) dedicated to the use of the judicial system to maintain civilized order.  See http://jefound.org for statements of its history, purpose and other activities.   

3. A.  Jurisdiction

1) The Higher Education Act of 1985, 79 Stat. 1212, as amended, 20 U.S. C. A. § 1070, granted the Department of Education (the “Department”) the right to determine which associations and agencies will have authority to accredit schools of higher education and on what terms. 

2) Scott is a citizen of the United States.  Scott and jefound have standing to make their presentation to the Committee as members of the public. 

3) The study of the Bible as the word of God or any other divinely inspired work is without proof or valid theory worthy of higher education.  

4) The past accreditation by the Department of The Association of Biblical Higher Education (the “Association”) violated the obligation imposed by the First Amendment of the United States Constitution that the Federal government will not establish a religion because to accredit is to establish. Further, (i) the study of the Bible has no secular purpose, (ii) to accredit Bible schools is to advance Christianity by government action, and (iii) to supervise the accreditation of Bible schools is excessive entanglement of church and state.  Lemon v. Kurtzman, 403 U. S. 602 (1971).

B. Crises Conditions Exist

1) a)  The United States government has declared victory in the Middle East without the separation of Islam from the Afghanistan and Iraqi constitutions.  This is caused, in part, by a refusal of the religious in the United States to accept that all of the religions of Abraham, including Christianity, are the root cause of violence and other abuse.  The Association members, applicants and affiliates assert that their religious beliefs are superior to Judaism and Islam without justification.  The Bible teaches its followers that they have a right to stone anyone to death who attempts to change their beliefs.[1]  Because the Association refuses to renounce Deuteronomy 13:6-9 and other violent and abusive practices advocated in the Bible, it and its members are subversive to peaceful co-existence with followers of other religions. 

   b)  The Association does little to teach the possibility that their belief in the Bible as the word of God could be wrong.  As Sam Harris reports in the introduction to his thesis that God is a myth:  “Thousands of people have written to tell me that I am wrong not to believe in God. The most hostile of these communications have come from Christians. This is ironic, as Christians generally imagine that no faith imparts the virtues of love and forgiveness more effectively than their own. The truth is that many who claim to be transformed by Christ’s love are deeply, even murderously, intolerant of criticism. While we may want to ascribe this to human nature, it is clear that such hatred draws considerable support from the Bible.  How do I know this?  The most disturbed of my correspondents always cite (sic Bible) chapter and verse.”[2]

2) These same or similar intolerant versus are taught to the followers of the Torah and the Qur’an.[3]  Rather than teach that no fewer than two out of three of Judaism, Christianity, and Islam are absolutely wrong, the Association promotes the concept that only the Bible can be right.  This has led to war both before and after the United States was founded.[4]

3) The Association requires each of its accredited schools to affirm as follows:[5]

ABHE (sic the Association) Tenets of Faith

According to the Constitution of the Association, the following statement of faith is to be subscribed to annually by each member institution through the signature(s) of the president or of a board official.

1. We believe that there is one God, eternally existing in three persons, Father, Son and Holy Spirit.

2. We believe the Bible to be the inspired, the only infallible, authoritative Word of God.

3. We believe in the deity of our Lord Jesus Christ, in His virgin birth, in His sinless life, in His miracles, in His vicarious death and atonement through His shed blood, in His bodily resurrection, in His ascension to the right hand of the Father, and in His personal and visible return in power and glory.

4. We believe that man was created in the image of God, and that he was tempted  by Satan and fell, and that, because of the exceeding sinfulness of human nature, regeneration by the Holy Spirit is absolutely necessary for salvation.

5. We believe in the present ministry of the Holy Spirit by whose indwelling the Christian is enabled to live a godly life, and by Whom the Church is empowered to carry out Christ’s great commission.

6. We believe in the bodily resurrection of both the saved and the lost; those who are saved unto the resurrection of life and those who are lost unto the resurrection of damnation.

The above required certification and teachings are lessons in hocus pocus rather than higher education coarse work worthy of accreditation.
 
4) The Association has no announced purpose to teach the dangers of anarchy promoted by those who follow the teachings of the Bible as the word of God.[6]

5) Civilization’s first line of defense against anarchy is its’ formally educated.[7]

6) The Association presentations fail to have the fair and balanced approach to question the beliefs presented that one would expect of higher education.   Unless the sources of religious violence and other religious abuse are eliminated, Americans are at risk of annihilation by use of weapons of mass destruction by those who seek to impose their religion on others. 

7) On September 12, 2006, Christian Pope Benedict XVI quoted a statement made by Byzantine Orthodox Christian Emperor Manuel II Paleologus during the period between 1394 and 1402 A.D. while the Emperor was under house arrest by Islamists:  “Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached.”  The Emperor and the Pope conveniently overlooked the use of violence to spread Christian beliefs.  From 325 A.D. until they were separated from government, Christianity was spread by the sword.[8]

8) It is true that Islamists can be distinguished today because they continue to use violence to force submission to their religion.[9]

9) The use of violence to foster religious beliefs is evidenced by the high percentage of European populations that are Christian and Middle Eastern populations that are Islamist.  An organized religion can achieve 90% adherence to the faith only by the use of government sponsored or condoned force.    

10) A relatively new development is the practice of religious moderates to ignore the violent passages in their religious texts.  Because those texts continue to be used, none of the moderates can identify who in their midst will commit the next violent act.  In the name of their God, apparent moderate followers of the Bible commit murder[10]; the Church of Christ, Scientist, teaches its followers to refuse medical treatment, which leads to death;[11] and the Amish deny their children an education beyond the eighth grade.[12]

11) The Association advocates that their members teach, without proof of their claims, that parents may indoctrinate their children before they reach the age of reason that Bible based religion is the only religion to perpetuate the conflict with other religions.  

WHEREFORE, the Advisory Committee is requested to recommend to the Secretary that the Petition to Renew and Expand the Authority of The Association for Biblical Higher Education be DENIED.     
    
JUDICIAL EQUALITY FOUNDATION, INC.

/s/ William S. Scott
By:  William Sumner Scott, J.D.
Executive Director
Judicial Equality Foundation, Inc.

/s/ William S. Scott
William Sumner Scott, J. D.

1.  Deuteronomy 13:6-9:   “If your very own brother, or your son, or daughter, or the wife you love, or your closest friend secretly entices you, saying, ‘Let us go and worship other gods’ (gods that neither you nor your fathers have known, gods of the people around , whether near or far, from the one end of the land to the other) do not yield to him or listen to him.  Show him no pity. Do not spare him or shield him.  You must certainly put him to death.”  The New International Version, The Holy Bible, Zondervan Corporation, 1988, 13:6-11, page 185.

2.  Sam Harris, Letter to a Christian Nation, Alfred A. Knoff, 2006, introduction.

3.  Dave Anderson, The Infidels, Authorhouse, 2005, page 4.

4.  Adam Zamoyski, Holy Madness, Penguin Putnam, Inc., New York, NY 1999.

5.  http://abhe.gospelcom.net/tenets.htm - last viewed on September 22, 2006.

6.  Followers of the Bible must obey God rather than men.  Acts 5:29.

7.  Wilhelm Niemoller, Struggle and Testimony of a Confessing Church, Bielefeld L Bechauf, 1948, p 526, citing Albert Einstein’s first look to the formally educated in a Democratic Germany to stop Adolph Hitler. 

8.  The edict that the Christian Bible and the Nicene Creed was to be the only recognized religion by Constantine I in 325 A. D. and the outlaw of Arianism by Theodosius I in 379 A.D.  The sword was used to impose Christianity pursuant to those edicts. 

9.  On July 28, 2006, Naveed Afzal Haq, opened fire on Jewish volunteers, killing Pamela Waechter.  At the time of the shooting, it was reported by witnesses that Haq announced, “I am a Muslim American, angry at Israel.”  Seattle Post – Intelligencer, July 29, 2006; the May 2006, threat of the death to Abdul Rahman in Afghanistan for conversion from Islam to Christianity; the February 14, 1989, sentence of death by Ayatollah Ruhollah Khomeini, the then Leader of the Islamic Republic of Iran, upon British author, Salman Rushdie, for having insulted Islam in his novel “The Satanic Verses”; the murder of Theo van Gogh on November 2, 2004, because he produced the movie “Submission” to depict violence upon Islamic woman; the murder on May 17, 2006, of Turkish Judge Mustafa Yücel Özbilgin in retribution for his ruling against the Islamist head scarf; the violence that resulted in multiple deaths in response to twelve Danish cartoons of Muhammad published on September 30, 2005; the murder in Somalia of Sister Leonella and her bodyguard by two Islamists on September 17, 2006, in to protest the Pope’s speech; Swedish journalist Martin Adler, who was killed in June, 2006, during an Islamist demonstration in Mogadishu, and a prominent Somali peace activist, Abdulkadir Yahya Ali, who was murdered by Islamists a month later; BBC journalist Kate Peyton was shot dead in Somalia on February 9, 2005 – author’s comment: these actions are to stifle dissent against Islam – do you see the pattern.  

10.  Paul J. Hill, after serving as a Presbyterian minister for seven years, killed an abortion doctor.  He said he did not know why more people were not killing abortion doctors as he had done.  A group of same thinking Christians held a candle light vigil for him every night outside the prison for the two week period prior to his execution.  On March 11, 1993, Michael F. Griffin was the first to kill an abortion doctor.  He waited to ambush Dr. David Gunn in Pensacola, Florida.  On October 23, 1998, James Kopp murdered Dr. Barnett Slepian, an abortion doctor, by shots fired through a window from a wooded area behind his home.  Eric Rudolph is serving a life sentence for his confessed murder of a security guard by bombing an Atlanta abortion clinic on January 16, 1997.  The Bible followers called the Army of God have a John Salvi III website at http://www.armyofgod.com/JohnSalviIII.html - last visited on 9-22-06 - that reports: on December 30, 1994 Salvi walked into the Planned Parenthood Clinic of Greater Boston, MA and killed Shannon Lowney and wounding three others.  He then went down the street to Pre-term Health Services and killed Lee Ann Nichols and wounding two other volunteers.  An expert on extremist groups, Paul deArmond, Public Good Research Director, says: “the number of those who commit murder is relatively small but the support network is enormous.”   

11.  Rita Swan, CHILD, INC.,  http://www.childrenshealthcare.org/victims.htm; Hermanson v State, 604 So. 2d 775 (Fla 1992) for court refusal to hold anyone accountable for the death of a child that could have been easily cured by a trip to the doctor. 

12.  Wisconsin v Yoder, 406 U. S. 205 (1972).

CERTIFICATE OF SERVICE

On this 25th day of September, 2006, the undersigned certifies that a copy of the above Request to make an Oral Presentation in Support of the Opposition of Scott and jefound.org to the Application of the Association of Biblical Higher Education Application for Renewal and Expansion was sent by email to: Francesca.Paris-Albertson@ed.gov and the original hardcopy was by first class mail, postage prepaid to: Ms. Francesca.Paris-Albertson at U. S. Department of Education, Room 7110, MS 8509, 1990 K Street, NW, Washington, DC 20006 and a copy by the same methods to: renlow@abhe.org  and to: Dr. Ralph E. Enlow, Jr., Interim Executive Director, The Association for Biblical Higher Education, 5575 S. Semoran Blvd., Suite 26, Orlando, FL 32822. 

/s/ William S. Scott
William Sumner Scott, J.D.
Executive Director
Judicial Equality Foundation, Inc.
P. O. Box 380341
Miami, FL 33238

email: wss@jefound.org
website: http://jefound.org
 

UNITED STATES OF AMERICA
DEPARTMENT OF EDUCATION

Washington, DC 20585

In the Matter of:

The Petition for Renewal of Recognition
by the ABA Section of Legal
Education and Admissions to the Bar 
to Accredit Law Schools

National Advisory Committee on 
Institutional Quality and Integrity
meeting December 4-6, 2006
Federal Reg Notice Vol 71 No. 165
August 25, 2006 – Page 50404, 2nd column
Item 2, American Bar Association

SCOTT AND JEFOUND REQUEST TO MAKE AN ORAL PRESENTATION IN SUPPORT OF THEIR OPPOSITION TO RENEWAL OF THE ABA RIGHT TO ACCREDIT LAW SCHOOLS 

1. Presenter

William Sumner Scott, J.D. (“Scott”) P. O. Box 380341, Miami, FL 33238, wss@jefound.org, presents the following request:        

2. Organization Represented

Scott represents himself and Judicial Equality Found, Inc., a 501(c)(3) qualified, Florida non-profit corporation, dedicated to the use of the judicial system to maintain civilized order.  See http://jefound.org for statements of its history, purpose and other activities.   

3. A.  Introduction, Jurisdiction and Relief Requested

The American Bar Association (the “ABA”) is operated to provide benefits to its members.  This primary duty is in direct conflict with the law schools’ duty to educate law students to make critical examinations that could lead to administration of justice reforms that could be detrimental to ABA members.  In spite of this obvious deficiency, the Federal, 50 state and the Territories’ judicial branches (the “Judicial Branches”) have delegated the accreditation of law schools to the ABA.  

The primary reason for this delegation is that law school accreditation by the ABA costs less to provide than if each Judicial Branch did the work.  In addition, the ABA justifies its methods by the assertion on its website that without its accreditation system, legal education would become fragmented and inconsistent.  As explained in our Opposition and this presentation, these benefits are achieved at the sacrifice of a judicial system that serves the public needs.   

Through the accreditation process, the ABA prescribes law school admission criteria and the courses taught.  The ABA also has influence over the lawyer professional license exam (the “Bar Exam”) questions.  By these points of contact, the ABA has total control of the Judicial Branches’ quality of legal education.  There has been little or no objection to this control by the legal profession because of the ABA’s power to recommend judicial candidates and the vested interest of all lawyers in a high hourly rate for their services.    

The Higher Education Act of 1985, 79 Stat. 1212, as amended, 20 U.S. C. A. § 1070, granted the Department of Education the right to determine who will accredit law schools.  Our Opposition urges this Committee to recommend to the Secretary that she exercise that right to deny the ABA renewal application to accredit law schools and that she further conduct hearings how to best accomplish that task for the benefit of the public.   

B.  ABA Imposed Anti-competitive Conditions

The ABA has imposed artificial barriers to restrict entry to the legal education business.  Law schools are required to own their buildings, employ a specified percentage of full time faculty, and have an expansive law library.  Building ownership is totally irrelevant to the quality of education.  Often, part-time faculty members know the subject better because they practice the area of the law taught.  Law schools must be free to employ the best instructors available without regard to how many hours they teach.  The ABA limits the number of hours a student may work.  The number of hours of outside employment by law students is also irrelevant.  Many student employment opportunities provide training that benefits the study of law, such as bank trust officers, law enforcement officers, social workers, teachers, paralegals, and court reporters.  Work outside the classroom exposes students to the public they will serve and permits students from low net worth situations to attend law school.    

The ABA has caused its approved law schools to adopt the Law School Admission Test (the “LSAT”).  The LSAT tests the ability to read and intelligence, but little else.  The results are published as an average test score of the incoming freshman law class for each school.  This publication creates the impression that the students in the high average score law schools are the best educated.  There is no proven merit to this ABA condoned belief.   

The Judicial Branches have agreed that the graduates from ABA-accredited law schools are qualified to take the license test while law graduates from out-of-state, non-ABA-accredited law schools either are denied admission or face additional hurdles to take the test.   

The Bar exams are under the supervision of the Judicial Branches.  The Judicial Branches have permitted the ABA to provide questions.  The questions cover 10 or more law subjects.  No exemption to take a specialized Bar exam with less than all subjects is granted.  The knowledge of those who intend to limit their practice to a particular field of law is not tested to sufficient depth.  Undergraduate law courses in particular specialties must be tested before they are granted the right to serve the public.  Specific undergraduate courses in judgeship with internships to identify those who are qualified must be developed.  Under the present system, the knowledge level for the law school graduate is too superficial to provide public service.  Yet, they are permitted to immediately take the Bar exam and, upon achieving a passing score, they are granted the unlimited right to practice law in any field they chose.    

C.  Crises Conditions Exist

Law schools under ABA supervision are prevented from the exercise of the creativity necessary to keep Americans safe from harm.  Specifically: 

(1)  The Judicial Branches have interpreted their authorization documents to force them to wait for problems to come to them rather than affirmatively search for opportunities to provide justice.  They are slavishly attached to the past, including their past mistakes.  This mindset prevented the elimination of slavery for 74 years and women from voting for 122 years.  It is also why religious violence[1] and injustice to Native Americans continues.[2]  The ABA imposed Bar Exams stifle law school study of how to use the judicial system to search for justice.

(2)  To respond to public needs requires in-depth knowledge of related subject matter prior to admission to law school classes.  The ABA, through its control of Bar exams forces all law students to take the same law school courses.  This is a waste of law school and student time.  Different legal specialties require different training.  And, law schools should respond to provide that specialized training.  As examples:

  (i)  Require law schools to establish undergraduate pre-law courses as a condition precedent to the admission to law school classes.  Law students admitted to: (A) constitutional law classes must have taken undergraduate history; (B) corporations classes must be limited to students who have taken finance or accounting; and, (C) domestic relations students must have taken psychology.  Course prerequisites will force the law professor to take the law school course to an achievement level one would expect of a professional education; and
 
  (ii) Prescribe courses in religious history, content of holy books, and comparative religion.  

(3)  Students must be required to declare their intent to go to law school in undergrad and to take courses that are specific to the area of the law they elect to study.  This will identify students who can plan ahead and have a genuine desire to be lawyers.  Once the undergraduate declares his or her intention to go to law school, the undergraduate school will have an incentive to focus on the quality of education provided and the performance of the declared pre-law student to be certain the undergraduate school’s reputation is preserved with law school admission departments. 

(4)  The legal system refuses to study and solve the problems of the underclass.  Rather, it reduces crime by the imposition of the highest incarceration rate of the 205 independent countries of the world.[3]  In 1981, 0.9% of the United States population was in prison.  In 1992, it was 1.9% of the population.  In 2003, it was 2.4%.  The percent of people in the population who grow up unsocialized and who, given the opportunity, will commit crimes, has increased.  The solution imposed by the legal system has been to increase the time served for the offense charged.  The number and severity of punishment for the crimes reported in 2003 at 1981 sentencing rates corresponds to a 2003 prison population of 490,000.  The actual prison population in 2003 was 2,086,000, a difference of 1.6 million.  Imagine the crime rate tomorrow, if today, 1.6 million inmates were released from United States prisons.[4]  And, when they are released, their criminal records will be made public to interfere with their ability to assimilate into society.

(5)  The ABA, to protect its membership’s role in a society controlled by organized religions, promotes no law school courses to clearly define how free people can protect themselves from those who preach that non-believers must die.   Believers proclaim that only they are right and everyone else is wrong.[5]

  (i) The world has been under siege by organized religion both before and after the United States was founded.[6]  The Torah, Bible and Qur’an all teach the same intolerant verses such as those found in Deuteronomy 13:6-9 and the Qur’an Sura 9:29.[7]  Unless the sources of religious violence are identified and eliminated, Americans are at risk of annihilation by use of weapons of mass destruction by those who seek to impose their religion on others. 

  (ii)  On September 12, 2006, Pope Benedict XVI quoted a statement made by Byzantine Orthodox Christian Emperor Manuel II Paleologus while he was under house arrest by Islamists during the period between 1394 and 1402 A.D.:  “Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached.”  The Emperor and the Pope conveniently overlooked the history of Christian violence to spread their beliefs.  From 325 A.D. until when they were separated from government, Roman and Orthodox Christianity were spread by the sword.[8]  It is true that Islamists can be distinguished today because they continue to use violence to force submission to their religion.[9]   

  (iii)  A relatively new development is the practice of religious moderates to ignore the violent passages in their religious texts.  Because those texts continue to be used, none of the moderates can identify who in their midst will commit the next violent act.  In the name of their God, apparent moderates commit murder[10]; the Church of Christ, Scientist, teaches its followers to refuse medical treatment, which leads to death[11];  and the Amish deny their children an education beyond the eighth grade.[12]  All are positive their actions are condoned by God and will be rewarded in heaven.   

  (iv)  The use of violence to foster religious beliefs is evidenced by the high percentage of European populations that are Christian and Middle Eastern populations that are Islamist.  An organized religion can achieve 90% adherence to the faith only by the use of government sponsored or condoned force.    

  (v)  All organized religious people, without proof of accuracy of their claims, are permitted to indoctrinate their children to believe that their religion is the only valid religion in existence. 

  (vi) The United States has claimed victory in the Middle East without the requirement that Islam be separated from the Afghanistan and Iraqi Constitutions.   
 
(6) From the 1974 guilty plea of John W. Dean, President Richard Nixon’s White House Counsel, to the 2005 discovery of $90,000 in the freezer of Congressman William Jefferson, too many lawyers have demonstrated no regard for ethical conduct.  Ethics training must begin in grade school.  The judicial system must make that happen.    

(7) Because ABA members get paid to judge and represent parties in divorce and criminal matters, they have a conflict of interest in evaluating how to eliminate those social ills.  Divorce rates continue at the same rate as prior years.[13]  During 2004, the rate of births to unmarried women climbed four percent, to 1,470,189, the highest number ever recorded in the more than six decades for which comparable national statistics are available.[14]  The ABA promotes no courses to teach how to reduce these abhorrent conditions.
  
(8)  The Temporary Assistance for Needy Families Act (TANF), commonly called welfare reform, transferred the obligation to support children from the government to the men who fathered the children.  For men who earn below the poverty level, the effect has been to criminalize their poverty if they cannot pay the “child support” the legal system decides must be paid.   There are few poor men who can support one household, much less two.   Jail or detachment from organized society is the choice that faces men who cannot meet their court ordered child support.[15]  Lawyers must lead the way to educate the poor on the importance of marriage, how to pick a mate, abstinence from sex, and use of birth control to avoid the imposition of child support they cannot pay. 

(9) Deoxyribonucleic acid (DNA)[16] evidence has been accepted to prove that over 120 convictions in capital punishment cases were wrong.  To date, no reform of procedures has been made to increase the chance of correct decisions; and, no one has been held accountable for these wrongful convictions.[17]  Only with funding from the European Union was the ABA able to conduct a study of the conditions in the State Death Penalty Systems.[18]  The legal profession claims that all of the other convictions were correct and that the 120 proved wrong is a negligible percentage of the total.  There is no justification for that claim.  Consider that the best and brightest prosecutors and defense attorneys are assigned to capital punishment cases.  The presumption should be that for every wrongful death penalty conviction, there are 10,000 wrongful convictions for minor offenses handled by the less skilled.  The number of wrongful death penalty cases is low because the prosecutors and judges resist finding that the convicted person is innocent.  If the system were designed to provide justice without resistance, the number of wrongfully convicted findings would be significantly higher.  

D. Conclusion. 

Civilization’s first line of defense against tyranny is its formally educated.[19]  For reasons stated in our written Opposition, as supported by this presentation, the present legal system must be reformed to produce lawyers trained to eliminate tyranny and make Americans safe by non-violent means.      

Under most situations, reform of the existing accreditation agency would eliminate objections.  Not so with the ABA.  The ABA must be removed from the accreditation of law schools if law students are to be trained to search for reforms that may be detrimental to the best interests of judges and lawyers.  Once the ABA is removed from the accreditation process, Judicial Branches will be forced to seek adequate funding and law schools will be free to compete to provide law graduates with the skills and mindset necessary to meet public needs.    

JUDICIAL EQUALITY FOUNDATION, INC.

/s/ William S. Scott
By:  William Sumner Scott, J.D.
Executive Director
Judicial Equality Foundation, Inc.

/s/ William S. Scott
William Sumner Scott, J. D.

1.  Marci A. Hamilton, God v The Gavel, Cambridge University Press, New York, NY, 2005; Sam Harris, End of Faith, W. W. Norton, New York, 2005; 9/11 Commission Report, July 22, 2004, US Gov Printing Office; Kenneth R. Timmerman, Preachers of Hate, Crown Forum, NY, NY, 2003.
 
2.  Cobell v Norton, 392 F3d 461 (D.C. Cir 2004); currently styled Cobell, et al vs Kempthorne, (originally filed as Cobell v Babbitt on June 10, 1996).
 
3.  Roy Walmsley, World Prison Population List (fourth edition), www.prisonstudies.org

4.  Charles Murray, The Hallmark of the Underclass, Wall Street Journal, September 29, 2005.

5.  Dave Anderson, The Infidels, Authorhouse, Bloomington, In, 2005, page 3.

6.  Adam Zamoyski, Holy Madness, Penguin Putnam, Inc., New York, NY 1999.

7.  Deuteronomy 13:6-9:   “If your very own brother, or your son, or daughter, or the wife you love, or your closest friend secretly entices you, saying, ‘Let us go and worship other gods’ (gods that neither you nor your fathers have known, gods of the people around , whether near or far, from the one end of the land to the other) do not yield to him or listen to him.  Show him no pity. Do not spare him or shield him.  You must certainly put him to death.”  The New International Version, The Holy Bible, Zondervan Corporation, 1988, 13:6-11, page 185. Qur’an Sura 9:29 “Fight those who believe not in Allah nor the Las Day, nor hold forbidden which has been forbidden by Allah and His Messenger, not acknowledge the Religion of Truth (sic Islam), from among people of the Book (sic Jews and Christians), until they pay the Jizyah (sic poll tax) with willing submission, and feel themselves subdued.” The Qur’an, Al Arqam Dawa Center, Brooklyn, NY, 2005.

8.  The edict that the Nicene Creed was to be the only recognized religion by Constantine I in 325 A. D. and the outlaw of Arianism by Theodosius I in 379 A.D and use of the sword to carry out those edicts. 

9.  The Legacy of Jihad, edited by Andrew G. Bostom, MD, Prometheus Books, Amherst, NY, 2005; the May 2006, indictment and threat of the death to Abdul Rahman in Afghanistan for conversion from Islam to Christianity; the February 14, 1989, sentence of death by Ayatollah Ruhollah Khomeini, the then Leader of the Islamic Republic of Iran, upon British author, Salman Rushdie, for having insulted Islam in his novel “The Satanic Verses”; the murder of Theo van Gogh on November 2, 2004, because he produced the movie “Submission” to depict violence upon Islamic woman; the murder on May 17, 2006, of Turkish Judge Mustafa Yücel Özbilgin in retribution for his ruling against the Islamist head scarf; the violence that resulted in multiple deaths in response to twelve Danish cartoons of Muhammad published on September 30, 2005; the murder in Somalia of Sister Leonella and her bodyguard by two Islamists on September 17, 2006, in to protest the Pope’s speech; Swedish journalist Martin Adler, who was killed in June, 2006, during an Islamist demonstration in Mogadishu, and a prominent Somali peace activist, Abdulkadir Yahya Ali, who was murdered by Islamists a month later; BBC journalist Kate Peyton was shot dead in Somalia on February 9, 2005 – author’s comment: these actions are to stifle dissent – do you see the pattern.  

10.  On July 29, 1994, Paul Hill murdered Dr. John Bayard Britton, an abortion doctor and his escort.  An expert on extremist groups, Paul deArmond, says it’s hard to estimate how many people actually favor using deadly violence against clinics that offer abortions. “The number actually acting is small,” deArmond said, “but the support network (sic in the United States) is enormous.” On July 28, 2006, Naveed Afzal Haq, opened fire on Jewish volunteers, killing Pamela Waechter.  At the time of the shooting, it was reported by witnesses that Haq announced, “I am a Muslim American, angry at Israel.”  Seattle Post – Intelligencer, July 29, 2006. 

11.  Rita Swan, CHILD, INC.,  http://www.childrenshealthcare.org/victims.htm; Hermanson v State, 604 So. 2d 775 (Fla 1992) for court refusal to hold anyone accountable for the death of a child from infant diabetes that could have been easily cured by a trip to the doctor. 

12.  Wisconsin v Yoder, 406 U. S. 205 (1972).

13.  National Vital Statistics Report, http://www.cdc.gov/nchs/data/nvsr/nvsr54/nvsr54_20.pdf

14.  National Center for Health Statistics, http://www.cdc.gov/nchs/products/pubs/pubd/hestats/finalbirths04/finalbirths04.htm

15.  David R. Usher, Is Welfare Reform Really a Success?, http://www.newswithviews.com/Usher/david31.htm

16.  DNA is a nucleic acid that contains the genetic make-up of a person.  Its use provides identification of persons because it is accepted that no person’s DNA is the same.

17.  The ABA released a 459 page report on September 17, 2006, to recommend suspension of the death penalty in Florida for systematic failure to provide fair and accurate procedures.  ABA Evaluating Fairness and Accuracy in State Death Penalty Systems, Executive Summary, page iii.  http://www.aclufl.org/issues/death_penalty/ABADeathPenaltyReport.pdf - last viewed 9-19-06

18.  Id., acknowledgements face-page. 

19.  Wilhelm Niemoller, Struggle and Testimony of a Confessing Church, Bielefeld L Bechauf, 1948, p 526, citing Albert Einstein’s first look to the formally educated in a Democratic Germany to stop Adolph Hitler. 

CERTIFICATE OF SERVICE

 On this 22nd day of September, 2006, the undersigned certifies that a copy of the above Presentation request was sent by email to: Francesca Paris-Albertson@ed.gov and the original was filed by first class mail, postage prepaid, to: Ms. Francesca Paris-Albertson at U. S. Department of Education, Room 7110, MS 8509, 1990 K Street, NW, Washington, DC 20006 and a copy to: John Sebert, Consultant to the ABA on Legal Education, American Bar Association, 321 N. Clark Street, 21st Floor, Chicago, IL 60610.
 
/s/ William S. Scott
William Sumner Scott, J.D.
Executive Director
Judicial Equality Foundation, Inc.
P. O. Box 380341
Miami, FL 33238

email: wss@jefound.org
website: http://jefound.org

UNITED STATES OF AMERICA
DEPARTMENT OF EDUCATION
Washington, DC 20585

In the Matter of:

Application for Renewal and
Expansion of Recognition
of The Association for Biblical Higher
Education to accredit Bible Schools

National Advisory Committee on
Institutional Quality and Integrity
meeting December 4-6, 2006
Federal Reg Notice Vol 71 No. 142
July 26, 2006 – Page 42367, 2nd column
Item 1, Association for Biblical Higher
Education

JEFOUND AND SCOTT RESPONSE IN OPPOSITION TO THE REQUEST OF THE ASSOCIATION FOR BIBLICAL HIGHER EDUCATION TO RENEW AND EXPAND ITS ACCREDITATION AUTHORITY

Judicial Equality Foundation, Incorporated, a Florida non-profit corporation, (‘jefound”) and William Sumner Scott, a citizen of the United States, (“Scott”), submit their Opposition to the Application for Renewal and Expansion of Authority of The Association for Biblical Higher Education (the “Association”) to accredit Bible colleges and institutes by the United States, Department of Education, pursuant to the Higher Education Act of 1985, 79 Stat. 1212, as amended, 20 U.S. C. A. § 1070, (the “HEA”) and Regulations at 34 CFR § 602, as follows:

JURISDICTION AND STANDING

1) Congress is authorized by the United States Constitution to adopt, and the HEA requires the Executive Branch to administer, laws and regulations to govern the provision of education, including the accreditation of public and private schools of higher education.

2) Jefound and Scott have standing to submit this Opposition as members of the public.

COUNT I

BIBLE ACCREDITATION FAILURE TO COMPLY WITH §602.16(a)(1)(vii)

3) The Bible is claimed by the Association to be either divinely inspired or the actual work of God without attempt of proof or empirical investigation of that claim.

4) The Association requires each of its accredited schools to affirm as follows:[1]

ABHE (sic the Association) Tenets of Faith

According to the Constitution of the Association for Biblical Higher Education, the following statement of faith is to be subscribed to annually by each member institution through the signatures of the president or of a board official.

1. We believe that there is one God, eternally existing in three persons, Father, Son and Holy Spirit.

2. We believe the Bible to be the inspired, the only infallible, authoritative Word of God.

3. We believe in the deity of our Lord Jesus Christ, in His virgin birth, in His sinless life, in His miracles, in His vicarious death and atonement through His shed blood, in His bodily resurrection, in His ascension to the right hand of the Father, and in His personal and visible return in power and glory.

4. We believe that man was created in the image of God, and that he was tempted  by Satan and fell, and that, because of the exceeding sinfulness of human nature, regeneration by the Holy Spirit is absolutely necessary for salvation.

5. We believe in the present ministry of the Holy Spirit by whose indwelling the Christian is enabled to live a godly life, and by Whom the Church is empowered to carry out Christ’s great commission.

6. We believe in the bodily resurrection of both the saved and the lost; those who are saved unto the resurrection of life and those who are lost unto the resurrection of damnation.

5) To claim the existence of a God, heaven and hell, and the conduct to get to those locations exists exclusively for their followers is contrary to the competing beliefs expressed in the Torah, Qur’an, and other religious texts.  How can the claim of exclusive knowledge and ability to know God by the Association members be classified education without proof that the Association and its member schools are correct?

6) The Bible teaches its followers that they have a right to stone anyone to death who is aware and rejects their tenets or who attempts to change their beliefs.[2]

7) The Bible has verses that condone unprovoked violence toward neighbors or other nationalities who do not believe as they do.  These same or similar intolerant versus are taught to the followers of the Torah and the Qur’an.  Rather than teach that no fewer than two out of three of Judaism, Christianity, and Islam are wrong, the Association promotes the concept that only their member schools that follow the Bible can be right.

COUNT II

THE ASSOCIATION FAILURE TO COMPLY WITH §602.16(a)(1)(viii)

8) The Association has no criteria or announced purpose to teach the dangers of the hate promoted by those who follow the teachings of the Bible literally.[3]

9) The Association has no criteria or announced purpose to cause the institutions it accredits to design course and education materials that teach that religious violence and abuse practiced by the three great religions of Abraham use the same source materials as the Bible, including the verses that justify death to non-believers.  Nor do they advocate the elimination of hate speech and violence from the Bible or from the actions of those who claim the Bible is the word of God.   Followers of the Bible do not know who among them will commit the next act of violence or abuse in the name of their God.  They permit the same verses that advocate violence and abuse to be taught to all of the students in the institutions they accredit.

10) Bible Schools begin with the premise that the Bible is good and should be followed as the work of God.  This is without demonstrated value to the public.  The need for a safe environment has moved beyond the arcane course structure and attempt to teach that the Bible is a valid source of how one should behave today.    The presentation of the Bible as the word of God to the followers of Christianity creates the mistaken belief in some of those taught that they must take the words literally to the detriment of themselves and the general public.[4]

11) The Association has not required courses in religious history or the content of holy books that are critical of the Bible.  Their presentations fail to have the fair and balanced approach to question the beliefs presented that one would expect of higher education.

COUNT III

APPROVAL OF ASSOCIATION ACTIVITIES IS THE ESTABLISHMENT OF RELIGION IN VIOLATION OF THE UNITED STATES CONSTITUTION

12) The Association is engaged in the promotion of the study of the Bible used by Christians.  The application to the Secretary for accreditation rights seeks approval of the Association’s religious beliefs and gives appearance of credibility that violates the First Amendment to the United States Constitution that prohibits the establishment of Religion by the Federal government because (i) the study of the Bible has no secular purpose, (ii) to accredit Bible schools is to advance Christianity by government action, and (iii) to supervise the accreditation of Bible schools is excessive entanglement of church and state.  Lemon v. Kurtzman, 403 U. S. 602 (1971).

ARGUMENT

 Religious motivated war has existed continuously since the beginning of recorded history and is waged today.  If civilization is to survive the proliferation of nuclear weapons of mass destruction, religious educators must eliminate the training they provide to their followers that leads to violence and other abuse.

Secular and religious theorists approach epistemology in different ways, the former emphasizing an observational or a posteriori approach, and the latter a dogmatic or a priori approach.  Religious texts assert many claims that cannot be proved or disproved by observation and continue to assert claims that have, in fact, been disproved by observation.

In 1613, Father Lorini, speaking on behalf of the Christian faith, said that Copernican doctrine that the Sun is the center of the universe violated interpretation of the Bible that places Earth at the center.  Beginning in 1600, Galileo published works and made speeches to urge the Sun is the center of the universe.  In 1609, he invented a telescope that proved the Copernican theory correct.  In 1633, Galileo was convicted and sentenced for teaching that the Earth revolves around the Sun.  His religious inquisitors refused to look through his telescope.  The Christian Church has apologized for this wrongful conviction, but has made no changes to the Bible.

Contrast the religious analysis method with the scientific treatment of Newton’s Law of Gravity, which had been accepted truth for over 220 years.  It is now believed to be wrong (or at least incomplete) by scientists as a result of the evaluation Einstein’s theory of relativity published in 1915.  Newton’s Law has been revised.  An approach to instruction that does not include a method to fix errors in its texts is dangerous to society.  Witness the refusal to timely amend the United States Constitution to eliminate slavery that led to civil war.  The Bible has never been amended to eliminate its hateful and incorrect passages.

The study of the Bible is to study myth and unsubstantiated theory.  That could be acceptable if it were labeled as such.  But the Association and its members take the study to be the word of a higher power they choose to call God who directs how they behave and how they treat others.  The Bible teaches hatred and intolerance.  Those teachings should be met with strong opposition from educators.  To continue to neglect to do so will expose the United States to continue to be involved in religious based conflicts throughout the world.  The Association and its members must answer the question, “If the Bible is the word of God or divinely inspired, why the inclusion of misstatements of fact and the obligation of its followers to stone non-believers to death.”  If peace is to be achieved by non-violent means, intolerant religious texts, beliefs and practices, such as those contained in the Bible, must be renounced, not merely ignored.

Virgil Hawkins, a Black American Citizen, first applied to the University of Florida Law School in 1949.  The School was found to have no basis to deny Mr. Hawkins admission other than the color of his skin.  In a 1955 ruling, to approve the denial of admission to Mr. Hawkins, Chief Justice Glenn Terrell of the Florida Supreme Court, said:

“. . . when God created man, he allotted each race to his own continent according to color, Europe to the white man, Asia to the yellow man, Africa to the black man, and America to the red man, but we are now advised that God’s plan was in error and must be reversed . . .”.[5]

Although our society intends to eliminate the prejudice directed toward Black Americans, little has been done to correct the Bible teachings that underpin that hate.

If God allocated America to the Redman, why was this White Judge granted authority to pronounce justice?  It took Virgil Hawkins from 1949 until 1977 to be admitted to practice law because of White America’s perceived Bible authority to discriminate.  The Bible is the same today as when it was used to deny rights to Mr. Hawkins.  It is the same book the Association continues to promote as the divinely inspired word of God.

The Tenets of the Association are quoted in Count I, paragraph 3 above.  They are unsustainable.  No educational system should promote this lunacy, much less an accreditation process that is approved by the United States government.

One of those Tenets separates people as saved and lost with definitions of who qualifies and the consequences for each from the Bible.  Homosexual conduct is condemned to the lost.  This is may not be overcome by the good works homosexuals may accomplish.  Questions of the propriety of homosexual conduct should be left to every individual without opinion from unqualified organized religious people who cite the Bible as the authority for their opinion.  Societal questions related to the validity and propriety of homosexual and all other conduct must be left to government with the advice of selected professionals such as those in the medical and psychological disciplines.  Each individual has a right to express their opinion but, in a civilized society, no individual or organized group may promote discrimination against any other person or group based upon their interpretation of subversive materials, such as the baseless conclusions announced in the Bible.

The prior grant of recognition by the Department of Education to the Association was, and the renewal and expansion of that recognition would be, a violation of the First Amendment of the United States Constitution that forbids establishment of religion by the United States government.    To condone is to establish.

The concept to stone non-believers to death expressed in Deuteronomy 13:6-9 was invented prior to man’s ability to write.  Judaism first announced the concept in writing in the Torah.  The Christians adopted that writing as their own to justify the murder by Constantine, the Great, beginning in 325 A.D., and other Christian rulers after him, of all people who did not adopt the Nicene Creed.   The Islamists have perfected the “death to infidels” concept by couching the same words as the defense of Islam throughout their writings that, like the Torah and the Bible, advocate massacre, pillage, enslavement, and deportation (“MPED”).

WHEREFORE, the Advisory Committee is requested to recommend to the Secretary that the Petition to Renew and Expand the Authority of The Association for Biblical Higher Education be DENIED.

 We request the opportunity to present testimony in support of this Opposition.

JUDICIAL EQUALITY FOUNDATION, INC.

/s/ William S. Scott
By:  William Sumner Scott, J.D.
Executive Director
Judicial Equality Foundation, Inc.

/s/ William S. Scott
William Sumner Scott, J. D.

1.  http://abhe.gospelcom.net/tenets.htm

2.  Deuteronomy 13:6-9:   “If your very own brother, or your son, or daughter, or the wife you love, or your closest friend secretly entices you, saying, ‘Let us go and worship other gods’ (gods that neither you nor your fathers have known, gods of the people around , whether near or far, from the one end of the land to the other) do not yield to him or listen to him.  Show him no pity. Do not spare him or shield him.  You must certainly put him to death.”  The New International Version, The Holy Bible, Zondervan Corporation, 1988, 13:6-11, page 185.

3.  Christian criminals who commit their violent acts and abuse in the name of God use the Bible as their source of divine guidance.  They rarely display remorse.  Paul Hill, the Christian who killed an abortion doctor not only had no remorse, he affirmatively said he did not know why more people were not killing abortion doctors as he had done.  A group of same thinking Christians held a candle light vigil for him every night outside the prison for the two week period prior to his execution. 

4.  The Church of Christ, Scientist, followers are permitted to refuse medical treatment in spite of the knowledge that one or more of them have died from a disease the medical profession could have easily cured.  See Hermanson v State, 604 So. 2d 775 (Fla 1992) for a child who died in bed of infant diabetes while the parents and science practitioner prayed. 

5.  State ex rel. Hawkins v. Board of Control, 83 So. 2d 20, 31 (Fla. 1955)

CERTIFICATE OF SERVICE

 On this 16th day of August, 2006, the undersigned certifies that a copy of the above Opposition of jefound.org and Scott to the Application of the Association of Biblical Higher Education Application for Renewal and Expansion was sent by email to: Robin.Greathouse@ed.gov and the original was by first class mail, postage prepaid to: Ms. Robin Greathouse at U. S. Department of Education, Room 7105, MS 8509, 1990 K Street, NW, Washington, DC 20006 and a copy by the same methods to: Dr. Larry McKinney lmckinney@abhe.org and to Dr. Larry McKinney, Executive Director, The Association for Biblical Higher Education 5575 S. Semoran Blvd., Suite 26, Orlando, FL 32822-1781.

/s/ William S. Scott
William Sumner Scott, J.D.
Judicial Equality Foundation, Inc.
P. O. Box 380341
Miami, FL 33238
wss@jefound.org

UNITED STATES OF AMERICA
DEPARTMENT OF EDUCATION
Washington, DC 20585

In the Matter of:

Application for Renewal of
The Association for Clinical Pastoral
Education, Inc. to accredit clinical
pastoral education (CPE) and
supervisory programs

National Advisory Committee on
Institutional Quality and Integrity
meeting December 4-6, 2006
Federal Reg Notice Vol 71 No. 142
July 26, 2006 – Page 42368, 1st column
Item 5, Association for Clinical Pastoral
Education, Inc.

JEFOUND AND SCOTT RESPONSE IN OPPOSITION TO THE REQUEST OF THE ASSOCIATION FOR CLINICAL PASTORAL EDUCATION, INC. TO RENEW ITS ACCREDITATION AUTHORITY

Judicial Equality Foundation, Incorporated, a Florida non-profit corporation, (‘jefound”) and William Sumner Scott, a citizen of the United States, (“Scott”), submit their Opposition to the Application for Renewal of Authority of The Association for Clinical Pastoral Education, Inc. (the “Association”) to accredit clinical pastoral education by the United States, Department of Education, pursuant to the Higher Education Act of 1985, 79 Stat. 1212, as amended, 20 U.S. C. A. § 1070, (the “HEA”) and Regulations at 34 CFR § 602, as follows:

JURISDICTION AND STANDING

1) Congress is authorized by the United States Constitution to adopt, and the HEA requires the Executive Branch to administer, laws and regulations to govern the provision of education, including the accreditation of public and private schools of higher education.

2) Jefound and Scott have standing to submit this Opposition as members of the public.

COUNT I

ASSOCIATION FAILURE TO COMPLY WITH §602.16(a)(1)(vii) and (viii)

3) The Association members claim the existence of God without attempt of proof or empirical investigation of that claim.

4) The Association teaches its members to teach their students to appeal to higher power.

5) The Association requires that an applicant must usually have completed at least one year of theological school to enroll in clinical pastoral education (“CPE”) and such other requirements or education and experience as a specific Association member CPE center may require.

6) The Association requires that an applicant complete several units of CPE, demonstrated a readiness to utilize Supervisory CPE, usually has a theological degree, and several years of pastoral experience prior to entry to Supervisory CPE training.

7) The Association has not required study of religious history or holy books to explain that two or more of the Torah, Bible and Qur’an are wrong to claim to be the only true word of God.

8) The Association teachings fail to have the fair and balanced approach to question the beliefs presented that one would expect of higher education.

9) The Association member’s courses and methods lack sufficient validity to be claimed to be education in any form and, therefore, are not proper subjects for accreditation.

COUNT II

APPROVAL OF ASSOCIATION ACTIVITIES IS THE ESTABLISHMENT OF RELIGION IN VIOLATION OF THE UNITED STATES CONSTITUTION

10) The Association is engaged in the promotion of the beliefs of all organized religious faiths.  The application to the Secretary for accreditation rights seeks approval of the Association’s religious beliefs and gives appearance of credibility that violates the First Amendment to the United States Constitution that prohibits the establishment of Religion by the Federal government because (i) the practice of faith healing has no secular purpose, (ii) to accredit pastoral education is to advance organized religion by government action, and (iii) to supervise the accreditation of pastoral education is excessive entanglement of church and state.  Lemon v. Kurtzman, 403 U. S. 602 (1971).

COUNT III

CLAIMS OF EXCLUSIVE ABILITY TO REACH GOD AND HEAVEN ADVOCATED BY THE ASSOCIATION LEAD TO WAR

11) The Association member’s courses and methods teach that only their denomination or sect prayers will reach God’s ears and result in healing or the salvation necessary to reach heaven after death.  This exclusivity in teaching creates a separation of people that leads to murder, mayhem, and abuse by Association members against their followers and non-believers.

ARGUMENT

Secular and religious theorists approach epistemology in different ways, the former emphasizing an observational or a posteriori approach, and the latter a dogmatic or a priori approach.  Religious texts and practitioners assert many claims that cannot be proved or disproved by observation.  They also make claims which have been disproved by observation.[1]

There is no evidence that pastoral intervention has any benefit in excess of positive thinking that could not have been generated by the infirmed, or his family, or medical or psychology professionals, or any other concerned persons.

Many, if not all, members of the Association believe their particular denomination or sect is the only true prayer and other intervention medium to reach God.[2]   The practices the Association promotes to its members expose the member’s followers to damage.  For example, The Church of Christ, Scientist, followers are urged to rely solely on the faith healing methods advocated by the Association.  They are legally permitted to refuse medical treatment in spite of the knowledge that one or more of them have died from a disease the medical profession could have easily cured.  See Hermanson v State, 604 So. 2d 775 (Fla 1992) for a child who died in bed of infant diabetes while the parents and clinical pastoral practitioner prayed.

The Association promotes the belief that an appeal to a higher power they call God or Allah will aid in recovery from illness and comfort the survivors after the death of a loved one.  Association beliefs have been corrupted by some who teach that to die in defense of their religion will take them to a higher heaven than anyone else.  The Association has no evidence of the existence of a heaven or a hell or how one gets to either location.

Association beliefs are further corrupted by the acceptance of the text materials that urge the death of non-believers who proselytize or who refuse to pay the non-believer tax.[3]    Those who commit suicide in defense of their religion or are put to death for the murder of infidels are called martyrs in their religious parlance.  The Association requests the Department of Education to accredit and otherwise approve the religious beliefs, text materials and practices that include the advocacy of these subversive passages and actions.

Although Congress has granted the authority to the Food and Drug Administration to regulate patent medicine and the Securities and Exchange Commission to regulate fraudulent presentations to raise money, nether they nor any other government agency has been given the power to eliminate the unsubstantiated claims made by the Association and its members to raise money from the afflicted and their families including, but not limited to, the claim that donations will insure a place in heaven.  The assertion that a deceased loved one rests in heaven has no factual basis.  Although assurance of this peaceful place in heaven has value to alleviate the grief of the survivors, it is overshadowed by the murder and mayhem by the followers of the members of the Association that are committed to gain their martyrdom status and higher place in heaven.

The Association claims that the First Amendment intended to protect individual religious thought extends to their organized fraudulent business practices.   The misappropriation of the individual’s First Amendment protection of religious freedom must not be allowed to morph into United States government approval of organized religion’s faith healing hoax under the guise of accredited education.  The conflicting claims of various organized religious businesses are best evaluated in a rational unbiased educational setting rather than presented unchallenged to the public.    If an analysis of the value of the belief in God and heaven is to be made, it should be made by psychology departments based upon an observational or a posteriori approach.

Although the Association limits its activities to the United States, its members practice the same beliefs throughout the World.  The Association is open to all organized religions, including Judaism, Christianity, and Islam.  Murder to further those organized religions’ beliefs that were proven by the confession or eyewitness accounts have included an abortion doctor,[4]  movie producer,[5] judge,[6] and Jewish activitist.[7]  Anarchy in defense of the belief in God the Association teaches exists was demonstrated by the protests against America and the deaths in the streets of Kabul, Afghanistan in response to twelve Danish cartoons that depicted Muhammad, the Islamist messiah.[8]

Organized religiously motivated violence has been tolerated because those who profit from war are more powerful than those who work for peace.  The advent of nuclear weapons combined with the irrational thought processes of organized religious leaders and their followers have forced the examination of the effect of religious beliefs upon civilization.  Under this scrutiny, the unproved beliefs promoted by the Association and its members will not stand muster.  By a trace of the evolution of religious beliefs, one can prove that organized religion is man made and forced upon the masses by government sanctions, violence, and intimidation.[9]

Other than for historical value, no agency of the Federal government, particularly one devoted to formal education, may condone any form of religious education or practice, particularly faith healing, because it is nonsense that leads to strife.  The Association member teachings, to the extent they advocate violence, are subversive.  The First Amendment that forbids the establishment of any religion by the government was added to the United States Constitution in recognition of these facts.

The prior grant by the United States Department of Education of the right to the Association to accredit members to provide faith healing was, and the renewal of that accreditation right would be, an establishment of religion in violation of the First Amendment to the United States Constitution.  Lemon v. Kurtzman, 403 U. S. 602 (1971).

WHEREFORE, the Advisory Committee is requested to recommend to the Secretary that the Petition to renew the authority of The Association for Clinical Pastoral Education, Inc., to accredit its member programs, be DENIED.

We request the opportunity to present testimony in support of this Opposition.

JUDICIAL EQUALITY FOUNDATION, INC. 

/s/ William S. Scott
By:  William Sumner Scott, J.D.
Executive Director
Judicial Equality Foundation, Inc.

/s/ William S. Scott
William Sumner Scott, J. D.

1.  In 1616 Galileo found that Copernicus was correct to say that the Earth revolves around the Sun.  The Cardinals of the Inquisition met on 24 February 1616 and took evidence from theological experts. They condemned the teachings of Copernicus and conveyed their decision to Galileo who had not been personally involved in the alleged trial.  In 1633, without any opportunity to demonstrate his telescope to prove the Copernicus theory was correct, the Church convicted Galileo of breach of the 1616 order and condemned him to life in prison.   

2.  Dave Anderson, The Infidels, Authorhouse, 2005, p 212.

3.  See Deuteronomy 13:6-9 :  “If your very own brother, or your son, or daughter, or the wife you love, or your closest friend secretly entices you, saying, ‘Let us go and worship other gods’ (gods that neither you nor your fathers have known, gods of the people around , whether near or far, from the one end of the land to the other) do not yield to him or listen to him.  Show him no pity. Do not spare him or shield him.  You must certainly put him to death.”  The New International Version, The Holy Bible, Zondervan Corporation, 1988, 13:6-11, page 185 and the Qur’an, Sura 9:29 Fight (sic kill) those who believe not in Allah (sic Islam) nor the Last Day, nor hold that forbidden which has been forbidden by Allah and His Messenger (sic Muhammad), nor acknowledge the Religion of Truth, from among the People of the Book, until they pay the poll tax with willing submission and feel themselves subdued.  The Qur’an, Al Arqam Dawa Center, Brooklyn, NY, 2005.  

4.  Dr. John Britton and his bodyguard, James Barrett were murdered on July 29, 1994, by the Rev. Paul Jennings Hill, a Presbyterian minister, because the Doctor performed legal medical procedures that were believed to violate Association Christian member religious teachings that God forbids abortion.   

5.  Theo van Gogh was murdered on November 2, 2004, by Mohammed Bouyeri to defend Association Islamist religious teachings from a movie legally written by Ayaan Hirsi Ali and produced by van Gogh titled Submission that violates Islamist beliefs that God permits male abusive treatment of woman. 

6.  Judge Mustafa Yucel Ozbilgin was murdered in Ankara, Turkey, on May 17, 2006, by Alpaslan Aslan, a lawyer, to defend Association Islamist religious beliefs that God requires Islamist woman to wear a headscarf. 

7.  Pamela Waechter was murdered on July 28, 2006 by Naveed Afzal Haq, an American Islamist, at the offices of the Jewish Federation, Seattle, Washington, to further Association religious beliefs that Islam is superior to Judaism and that Islam is mistreated by the American government’s support of Israel.

8.  Two protesters of the cartoons were killed and 13 others injured, when Afghan police fired on February 6, 2006, on about 2,000 protesters who tried to force entry to the Bagram Airbase, a U.S. base north of Kabul, Afghanistan.     

9.  Sam Harris, End of Faith, W. W. Norton, 2005, page 155, notes 9 and 10.

CERTIFICATE OF SERVICE

 On this 22nd day of August, 2006, the undersigned certifies that a copy of the above Opposition of jefound.org and Scott to the Renewal of the Association for Clinical Pastoral Education, Inc. to accredit clinical pastoral education and supervisory programs was sent by email to: Robin.Greathouse@ed.gov and the original was by first class mail, postage prepaid to: Ms. Robin Greathouse at U. S. Department of Education, Room 7105, MS 8509, 1990 K Street, NW, Washington, DC 20006 and a copy by the same methods to: teresa@acpe.edu and a printed copy to: Teresa Snorton, Executive Director, The Association of Clinical Pastoral Education, Inc., 1549 Clairmont Road, Suite 103, Decatur, GA  30033-4611

/s/ William S. Scott
William Sumner Scott, J.D.
Judicial Equality Foundation, Inc.
P. O. Box 380341
Miami, FL 33238
wss@jefound.org
 

UNITED STATES OF AMERICA
DEPARTMENT OF EDUCATION

Washington, DC 20585

In the Matter of:

The Petition for Renewal of Recognition
by the American Bar Association, Council
of the Section of Legal Education and
Admissions to the Bar

National Advisory Committee on 
Institutional Quality and Integrity
meeting December 4-6, 2006
Federal Reg Notice Vol 71 No. 142
July 26, 2006 – Page 42368, first column
Item 2, American Bar Association

JEFOUND AND SCOTT RESPONSE IN OPPOSITION TO THE PETITION FOR RENEWAL OF THE ABA COUNCIL OF THE SECTION OF LEGAL EDUCATION AND ADMISSIONS TO CONTINUE TO ACCREDIT LAW SCHOOLS 

Judicial Equality Foundation, Incorporated, a Florida non-profit corporation, (‘jefound”) and William Sumner Scott, a citizen of the United States, (“Scott”), submit their Opposition to the Petition of the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association, (the “Council”), for renewal of the Council’s exclusive right to accredit American Law Schools throughout the United States previously granted by the United States, Department of Education, pursuant to the Higher Education Act of 1985, 79 Stat. 1212, as amended, 20 U.S. C. A. § 1070, (the “HEA”) and the Department’s Regulations published at 34 CFR § 602, as follows: 

JURISDICTION AND STANDING

1)         Article III, Section 2, of the United States Constitution reserves jurisdiction to the Congress to make exceptions to the authority of the Judicial Branch of government. 

2)         The Constitution, Articles I and II, and protection of the public welfare require Congress to adopt, and the HEA requires the Executive Branch to administer, laws and regulations to govern the education of law students, including the accreditation of public and private law schools.  These rights include the Department’s authority to renew or terminate the Council’s authority to accredit law schools.  Goldfarb v Virginia State Bar, 421 U.S. 773 (1975); United States v Pink, 315 U.S. 203 (1942).

3)         Jefound and Scott have standing to submit this Opposition as members of the public. 

COUNT I

ABA FAILURE TO COMPLY WITH §602.16(a)(1)(i)

4)         The ABA, through its Council, has failed to demonstrate that it is a reliable authority regarding the quality of education with respect to the institution’s mission of provision of a system of education in the United States in the following respects:

a)         Limits competition among law schools to develop curricula to meet the needs of the public by imposition of a Law School Admission Test (the “LSAT”) that determines the ability of the applicant to take a written exam but tests no other skills. 

b)         Allows the LSAT results to be published with the inference that schools that admit students with low scores are inferior to those that require high scores.  This is counterproductive to the focus on the quality of law school curriculum and graduates.  

c)         Imposes standards such as full time faculty, building ownership and law libraries upon law schools that have no relevance to the quality of instruction or ability of law graduates to serve the public and that result in unnecessary costs for law schools and their students. 

d)         The LSAT governs admission, the Council determines what is taught, and the ABA proscribes the questions to be asked by the licensing authority in the various states so that it is in control of who becomes educated, how they become educated, and whether they were sufficiently educated.  All are in conflict with the best interests of the public.
 
5)         The ABA has failed to demonstrate that it is a reliable authority to engage in any activity related to the admission of students to law school, their education, or their admission to the bar by its failure to comply with the laws applicable to its operation: 

a)         The United States of America filed a Complaint against the ABA to allege that its practices, rules, and interpretations violated Section 1 of the Sherman Act, 15 U.S.C. § 1, that resulted in a final judgment.  Unites States v American Bar Association, 934 F. Supp. 435. 

b)         Although the ABA, through its President, denied it did anything wrong, the entry of the final judgment ipso facto demonstrates failure to comply with the Sherman Act.  

c)         The Final Judgment, Competitive Impact Statement, Response to Public Comments and Modification are posted on the Department of Justice web site at: http://www.usdoj.gov/atr/cases/americ1.htm and are incorporated herein.   

d)         The Modified Final Judgment violated the ABA Constitution that requires decisions of the ABA to be made by its Board, and not the Council, and also violated the laws of the State of Illinois that prohibit the delegation by non-profit corporations of decisions to any committee that is not composed of members of the board. 

e)         The ABA has failed to obey the laws that govern its operations.      

COUNT II

ABA FAILURE TO COMPLY WITH §602.16(a)(1)(vii)

6)         The ABA imposes arbitrary and capricious criteria upon all law schools for the admission of students to law school, such as the successful completion of the LSAT and rank in undergraduate class in all subjects taken.      
 
a)         Law schools must determine who they wish to attract to educate rather than the Council if creativity, course specific skills, integrity, and good judgment are to be placed on equal footing with written exam proficiency of prospective students.  

b)         The accreditation process must be focused on the ability of the student to learn as judged by the law schools, not the Council. 

COUNT III

ABA FAILURE TO COMPLY WITH §602.16(a)(1)(viii)

7)         The Council has no criteria based upon the needs of the public.  Every law school is required to have the same course program and educate every student in all areas of the law so as to prepare them to take a standard exam prepared by the ABA on all subjects, rather than demonstrate the student’s ability to serve the public.   

a)         The needs of the public have moved beyond the arcane course structure and attempt to instruct all students in all subjects at the law school level. 

b)         The attempt to teach all subjects to all students creates the mistaken belief by law graduates that once they pass the license test; they are qualified to practice law in any discipline they wish.

c)         This mistake of competency is compounded by the states’ license and practice procedures that permit a lawyer to immediately commence practice without internship or other demonstration of skill in any specific discipline offered to the public. 

d)         Pre-law requirements for every law course would require the employment of law instructors who have either a deep specific knowledge of the subject or practiced in the area of the law taught.  The quality of instruction and graduates would improve.  

e)         Whether the instruction is provided by a full or part time instructor is irrelevant.  Law schools must be free to employ the best instructors available without regard to how many hours they teach. 

f)          The number of hours of outside employment by students is irrelevant.  Students must be permitted to take the outside employment necessary to finance their education. 

g)         Many student employment opportunities provide training that benefits the study of law, such as bank trust officers, law enforcement officers, social workers, teachers, paralegals, court reporters and other similar employment.  In addition, work outside the classroom exposes students to the public they will serve.     

h)         Course study, number of classroom hours and years of study to get a degree should be developed by the law schools and the state license boards without control from the Council, a trade union for lawyers. 

8)         The Council has failed to establish specific pre-law course requirements. 

a)         Law students are admitted to: (i) constitutional law classes without undergraduate history; (ii) corporations without finance or accounting; (ii) domestic relations without psychology.   The law professor in all law school classes must begin with the most rudimentary explanations and often fails to achieve the depth in course materials one would expect of a professional education. 

b)         Law students must be required to have declared their intention to go to law school in undergrad and to have taken courses that are specific to the area of the law they elect to study.  This will identify students who can plan ahead and have the desire to be lawyers.

c)         Once the undergraduate declares his or her intention to go to law school, the undergraduate school will have an incentive to focus on the quality of education provided and on the performance of the declared pre-law student to be certain the undergraduate school’s reputation is preserved with the law school’s admissions department. 

9)         The Council has not required courses in religious history or the content of holy books. 

a)         The World has continuously been under siege by organized religion both before and after the United States was founded. 

b)         The Torah, Bible and Qur’an teach with impunity the same intolerant verses such as those found in Deuteronomy 13:6-11.[1]

c)         The Council has adopted no course parameters to teach law students how to overcome religious abuse by use of the judicial system.[2]      

10)       The Council fails to require courses to prevent unjust application of the law: 

a)         If non-violent means are to be found to eliminate social abuses, the legal system must begin to look for justice rather than refuse to protect the rights of citizens as the legal system did in the Padilla case.[3]

b)         The Council does nothing to establish law school curricula to stimulate the search for justice by law graduates.  Students must be encouraged to explore the law and its application in certain causes, particularly those that are not popular.    

c)         The plea bargain criminal system is based upon fear by the accused of a greater sentence if he or she proceeds to trial rather than upon their guilt or innocence. 

d)         In addition, those with past convictions are forced to consider the increase in their penalty because of their past convictions.    

e)         To avoid the risk of an arbitrarily increased sentence, the accused, including the innocent, must plead guilty to the charges in exchange for the promise of a lower sentence than if convicted of the allegations.  Often the decision is influenced by a lack of confidence in the public defender or the lawyer the accused can afford. 

f)          The Council has done nothing to train students of the unfairness of the criminal plea bargain system.

g)         DNA evidence has proven many innocent people have been convicted of capital offenses.  There have been 23 capital cases overturned in Florida.  Were it not for the resistance by some prosecutors to voluntarily admit DNA evidence, there would have been more cases overturned.   

h)         Law students must be trained to immediately admit and correct mistakes.  

ARGUMENT

The education standards set by the Council are exemplified by the comments of Ann Coulter, a lawyer, on the qualifications of Harriet Miers for Supreme Court Justice:

“Today, women make up about 45 percent of the students at the nation’s top law schools (and more than 50 percent at all law schools) . . . The average LSAT score at SMU Law School is 155 (sic where Miers went to school).  The average LSAT at Harvard is 170.”[4] 

The fact that Ms. Miers graduated from law school, practiced law for more than 20 years, and served as legal counsel to the President of the United States had no value.  She was doomed at the outset because her school, not her, had a low LSAT score.     

Rank in law school graduating class is also used to measure performance.  Ms. Coulter says in the same article that if one wants to be on the Supreme Court with no prior judicial experience as did Justice Byron White (first at Yale) or Justice William Rehnquist (first at Stanford), then one must be first in class at a top law school.  The Council has made class rank and top law schools relevant without any evaluation criteria based upon the quality of law graduates and their ability to serve the public.    

The failure of the Council to stress the importance of education is summed up by the Supreme Court decision of Wisconsin v Yoder, 406 U. S. 205 (1972), which condones Amish parents denial of an education to their children beyond the eighth grade on freedom of religion grounds.  Law school courses that stress the value of education would produce members of the legal profession who would never take that position.      

The Council has failed to teach the value of legal terms to law students.  The most serious deficiencies are the failure to give substance to the words “illegal”, “journalism”, “whistleblower”, and “democracy”.   Anarchy is demonstrated by the march of illegal aliens in the streets.  Undergraduate and graduate courses titled journalism include those that censor students’ rights to free expression.[5] The report of misfeasance by whistleblowers is met with retribution rather than rewards.[6]   Our government is permitted to engage in war to foster democracy without inclusion of the rights that free people enjoy, including separation of church from state.[7]     

The legal profession allowed the Constitution of the United States to enforce slavery for over 76 years[8], failed to permit women to vote for over 121 years, and continues to permit organized religion to practice and teach religious verses that lead to murder, mayhem, and abuse. 

The American people need law students who are trained to search for and immediately provide justice.  Achievement of that result requires a cultural shift to elevate the judicial function to be an equal branch of government free from political correctness. 

The Council is composed of people who control the education of law students for the benefit of ABA members rather than stimulate competition among educators to train lawyers to serve the public.      

WHEREFORE, the Advisory Committee is requested to recommend to the Secretary that the Renewal of the Council’s authority to accredit law schools be DENIED.  And, that the denial be published in the Federal Register with a request for comments from the public of how and by whom law schools should be accredited, the terms upon which law students are admitted to law school, and the design of law school curricula to best serve the interests of the public.  Particularly, we suggest that the Secretary ask for recommendations for:

A.        Pre-law course requirements to be established for every law school course; and

B.         Pre-law and law students be trained in depth to value integrity and service to the public; and

C.        The criteria to be used to expand the law school curricula to include training on how to serve as a judge, how to deal with religious issues, how to search to provide justice, and other modernization of law school curricula; and

D.        All exams for admission to practice law be administered by the executive branch of government or an independent body it selects; and

E.         The amount of freedom to be granted to law schools to employ faculty, acquire the use of facilities, and develop law school curricula to meet specific public needs.   

We request the opportunity to present testimony in support of this Opposition.   

/s/ William S. Scott
William Sumner Scott, J.D. 

JUDICIAL EQUALITY FOUNDATION, INC.

By : /s/ William S. Scott
William Sumner Scott, J. D.
Executive Director
Judicial Equality Foundation, Inc.
wss@jefound.org

[1] Deuteronomy 13:6-11:   “If your very own brother, or your son, or daughter, or the wife you love, or your closest friend secretly entices you, saying, ‘Let us go and worship other gods’ (gods that neither you nor your fathers have known, gods of the people around , whether near or far, from the one end of the land to the other) do not yield to him or listen to him.  Show him no pity. Do not spare him or shield him.  You must certainly put him to death.  Your hand must be the first in putting him to death, and then the hands of all people.  Stone him to death, because he tried to turn you away from the Lord your God, who brought you out of Egypt, out of the land of slavery.  Then all Israel will hear and be afraid, and no one among you will do such an evil thing again.”  The New International Version, The Holy Bible, Zondervan Corporation, 1988, 13:6-11, page 185.

[2] The Church of Christ, Scientist, followers are permitted in some states to have an exception to the obligation to provide medical treatment for their children by statute in spite of the knowledge that one or more of their children have died from a disease the medical profession could have easily cured.  See Hermanson v State, 604 So. 2d 775 (Fla 1992) for a child who died in bed of infant diabetes while the parents and science practitioner prayed. 

[3] Rumsfeld v Padilla. 542 US 426 (2004) Federal agents apprehended Padilla, a United States citizen, while executing a material witness warrant issued by the United States District Court for the Southern District of New York in connection with its grand jury investigation into the September 11, 2001, attacks. While Padilla’s motion to vacate the warrant was pending, President G. W. Bush issued an Order to Secretary of Defense Rumsfeld to designate Padilla an “enemy combatant” and directed that he be detained in military custody. Padilla was moved to a Navy brig in Charleston, S. C., where was held until 2004 without charges or arraignment. The Supreme Court refused to opine upon the Padella detention without the right to legal counsel and other rights guaranteed by the United States Constitution to United States citizens. 

[4] Does this Law Degree Make My Resume Look Fat, Ann Coulter, October 12, 2005, Townhall.com

[5] The refusal of North Central University to permit the students, in what they offered in their catalog as a journalism class, to discuss the belief in speaking in tongues and gay life issues in their student newspaper.

[6] W. Mark Felt, the number two person in the Federal Bureau of Investigation commonly known as “deep throat”, refused to use the legal system to report misfeasance by the Nixon administration but rather went to the newspapers. 

[7] The wars in Afghanistan and Iraq; their respective Constitutions name Islam as the official religion.

[8] The US Constitution of 1787, Article IV, Section 2, provided: “No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.”

_____________________________________________________________   

UNITED STATES OF AMERICA
DEPARTMENT OF EDUCATION 

Washington, DC 20585  

In the Matter of:

The Petition for Renewal of Recognition
by the American Bar Association, Council
of the Section of Legal Education and
Admissions to the Bar 

Advisory Committe Meeting
December 4-6, 2006, Arlington, VA

CERTIFICATE OF SERVICE

On this 26th day of July, 2006, the undersigned certifies that a copy of the above Opposition of jefound.org and Scott was sent by email to: Robin.Greathouse@ed.gov and the original was by first class mail, postage prepaid to: Ms. Robin Greathouse at U. S. Department of Education, Room 7105, MS 8509, 1990 K Street, NW, Washington, DC 20006 and a copy by the same methods to: John Sebert, Consultant to the Council on Legal Education, Section of Legal Education and Admissions to the Bar, American Bar Association, 321 N. Clark Street, 21st Floor, Chicago, IL 60610.
        
/s/ William S. Scott
William Sumner Scott, J.D.