
WASHINGTON, D.C. (AP) — In a victory for advocates of states' rights,
the U.S. Supreme Court ruled 5-4 yesterday that Tennessee citizens are
sentient beings with a capacity to make certain decisions for
themselves.
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| James "Bud" McCardle, a
thrice-divorced, unemployed father of 11, rejoices at the news
of the Supreme Court's decision. Boone County Judge Ernest G.
Tubbs had previously ruled that McCardle was a non-sentient
being. |
Chief Justice William Rehnquist, writing the Court's majority
opinion, stated that, "The absence of higher forms of cognitive
thinking skills on a statewide level does not preclude the application
of the individual liberties guaranteed in the First Amendment to the
residents of that state, no matter how strong the evidence is toward
their collective lack of intelligence."
The landmark decision, which experts say will forever alter the
definition of a living organism south of the Mason-Dixon line, is based
on the highly controversial McCardle v. Bratton case. In 1993,
Boone, TN resident James "Bud" McCardle, a thrice-divorced,
unemployed father of 11, was declared a "non-sentient being"
by a Boone County judge after leaving his 2-year-old daughter in a car
for eight hours while he attended an all-day NASCAR funny car time
trial.
In his decision, Boone County Judge Ernest G. Tubbs defined sentience
as "the ability to perform certain basic functions, such as feeding
oneself and avoiding falling off bridges," a definition McCardle
failed to pass. McCardle was one of several thousand gap-toothed
Tennesseeans arrested that year for a "profound and utter lack of
brains," sparking a nationwide debate over the collective sentience
of the state of Tennessee.
Among the evidence cited to demonstrate the non-sentience of
Tennessee: Opryland USA and Dollywood theme parks; its extreme proximity
to similar cultural backwaters Alabama, Mississippi and Georgia; and the
state's dead-last ranking among U.S. states in citizens-to-books ratio
(70,000:1).
Argued Supreme Court Justice Sandra Day O'Connor in her statement
yesterday: "Mr. McCardle and the other countless Tennesseeans who
exhibit no sign of cerebral activity are sentient solely by virtue of
the blood flow to the brain, regardless of the frequency and quality of
activity with which the said brain happens to be engaged."
O'Connor did qualify her remarks, adding: "Exceptions to this
rule are the many Tennesseeans who continue to argue against evolution
theory and its place in the state's public schools, despite its firmly
established place among the natural sciences for more than 150
years."
Four members of the Court, led by Justice David Souter, dissented
from the majority. Referring to the legal tenet of "implicit
non-applicability," Souter noted that, "The Founding Fathers
clearly never intended the Bill of Rights to be applied to the
chromosomal dumpsite that is the Volunteer State."
Dana Hughes of the American Civil Liberties Union lauded today's
decision as "a recognition that government officials must not be
allowed to overly encroach on family matters, even families of
profoundly stupid Southern morons."
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