Manual for judges saying “How Science Works” is very wrong on climate science

From CFACT

By David Wojick

The new “Reference Manual on Scientific Evidence: 4th Edition” from the Federal Judicial Center has a chapter “How Science Works” that was written by a climate alarmist, and it shows. It is trying to sell the nonsense that science is all about consensus, when it is really all about debate. Nor is there a consensus supporting climate alarmism.

Another chapter — “Reference Guide on Climate Science” — was withdrawn after a letter from 27 state attorneys general pointed out that it was pure alarmist advocacy. The “How Science Works” chapter should be withdrawn for the same reason.

The Manual is here.

The “How Science Works” chapter is pages 47 to 111 in Volume one.

One of the two authors, Professor Michael Weisberg is a leading alarmist activist. His university website calls him a “climate diplomat” because he is active in UN climate negotiations including the infamous “loss and damage” reparations funding scheme.

“How Science Works” gets off to a quick bad start. The very first paragraph contains this gem of alarmism: “…. public relations campaigns have misled the public about the true state of scientific consensus regarding certain scientific issues.” Citation: Naomi Oreskes & Erik  M. Conway, “Merchants of Doubt: How a Handful of Scientists Obscured the Truth on Issues from Tobacco Smoke to Global Warming” (2010)

This ridiculous Oreskes book is a pillar of climate alarmism. So, the bogus thrust of the chapter is that climate alarmism is a consensus and skepticism is a public relations stunt. This is pure advocacy.

Most of the rest of the chapter is a long, false claim that science works by consensus. It mostly works by debate, as scientists struggle to explain how the natural world works. These proposed explanations are debated by the scientific community, sometimes in complex ways and often for a long time without resolution.

Consensus does have a very long-term role to play because science is an ever-growing body of knowledge. But scientific activity is mostly a lively marketplace of argument.

The fundamental scientific method is very simple. Given some observations people propose various hypotheses to explain them. These hypotheses are then tested against additional observations. In theory, if the testing observations do not support the hypothesis, it is rejected.

In modern science, this seemingly simple process can become very complex, especially when trying to explain complex natural systems. For example, individual scientists may perform just part of process. Then, too, observations are often “theory laden,” so they can be challenged. In addition, hypotheses can be very complex, making it hard to know where the error lies.

Not only are hypotheses and observations often debated, but these debates can also last a long time. In major cases, they lead to alternative schools of thought (which is where human caused climate change is today).

For example, the hot debate between particle and wave theories of light lasted over 200 years. The climate change debate is now well over 40 years old.

Note that you cannot see the debates using the journal literature because criticizing or disagreeing with another scientist is generally not allowed in journal articles. Articles just report specific research results. Of the 3 million or so articles published a year very few are likely to refer to the ongoing debates.

It used to be that the widespread debates were publicly invisible. They mostly occurred during conference presentation question periods or via personal correspondence. The rise of online debating of science has changed this a lot. Chatbots might be useful for finding these debates. For example, there are hundreds of distinct controversies in climate change science, many of which are publicly debated.

The unscientific term “consensus” occurs over 70 times in “How science works.” The key word “debate” occurs just four times near the end. Ironically, one of these is a statement that “in science, debates relating to scientific evidence generally play out over many years….”. Max Planck put it very nicely: “Your ideas will (only) be accepted when your students become journal editors.” The climate science debate has lasted even longer, so the claim of consensus is wildly false.

This chapter on “How science works” is basically a misleading attempt to advance the false claim that there is a consensus supporting climate alarmism. As such, it is political advocacy, not sound judicial guidance. The chapter should be removed just as the advocacy chapter on climate science has been removed.

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12 Comments
September 6, 2026 6:25 am

Good points here!

That quote and citation – “Naomi Oreskes & Erik  M. Conway, “Merchants of Doubt: How a Handful of Scientists Obscured the Truth on Issues from Tobacco Smoke to Global Warming” (2010)” – is just a brazen in-your-face assertion from the activist camp!

It’s plain that NASEM cannot be trusted to be neutral and impartial, sad to say.

Reply to  David Dibbell
September 6, 2026 6:57 am

I can’t think of an institution today that can be trusted to be neutral and impartial.

Reply to  Pat Frank
September 6, 2026 7:16 am

Good point!

September 6, 2026 6:39 am

‘For example, the hot debate between particle and wave theories of light lasted over 200 years.’

The debate’s apparently still on in Cli-Sci wherein photonic confusion reigns within the phenomenological physics of radiative transfer theory.

September 6, 2026 6:55 am

64 pages aren’t necessary to explain how science “works,” and consensus has nothing to do with the explanation.

Science works by deductive hypothesis, unique prediction, and empirical test. Period. End of story.

All the rest is window-dressing.

September 6, 2026 8:19 am

Note that you cannot see the debates using the journal literature because criticizing or disagreeing with another scientist is generally not allowed in journal articles.

Not true in any healthy science. In a healthy science, in the pages of journals is exactly where the debate does rage. The debate may be impersonal, and passive-voice grammar may be used, but debate between scientists is real and arguments are based in empirical science.

The debate about non-classical ions in Chemistry, among George Olah, Saul Winstein and Herbert C. Brown is exemplary. It was fierce. It was protracted (decades). It involved difficult experiments and data that were open to alternative explanations.

And to some degree, it was personal because both sides were passionate about their ideas.

But it was terrific science, and it was all hypothesis, deductive prediction, and experimental test.

The controversy was recently resolved with a crystal structure, showing Winstein’s non-classical ion. So H.C. Brown’s classical ion hypothesis didn’t prevail. But not by consensus. It prevailed by weight of evidence.

One may add that a crystal structure does not necessarily reveal the structure prevailing in solution.

I’ve found that exact phase-state structural dimorphism in investigating the solution structure of dissolved cupric ion. Solution-state and solid state structures differ. So, the classical/non-classical controversy is not yet definitively settled.

The basic problem is that organic chemistry is too complex to allow a fully mathematical theory. Low-uncertainty quantitative predictions are unavailable.

The outcome is a bit an impasse although, generally, the classical-ion explanation is now abandoned.

But in science conclusions are always contingent upon the next experiment.

September 6, 2026 8:23 am

“Another chapter — “Reference Guide on Climate Science” — was withdrawn after a letter from 27 state attorneys general pointed out that it was pure alarmist advocacy.”

I’ll bet every peso I have that the state of Wokeachusetts is not amongst those 27 states. 🙂

September 6, 2026 8:28 am

When one person makes a new scientific discovery, they are the only one that “knows” the correct science.

The consensus of everyone else on planet Earth is wrong.

THAT is how science works.

SxyxS
Reply to  pillageidiot
September 6, 2026 9:32 am

More than 100 years ago there was a nonsensus called ” 100 scientists against Einstein “.

“Why 100?” – asked Einstein.
“If I’m wrong 1 is enough.”

Curious George
September 6, 2026 8:31 am

There is a standard manufacturing recipe: 1. Produce a pamphlet pushing your point of view. 2. Slap a “Science” label on it.

strativarius
September 6, 2026 8:58 am

How Science Works

Is how we say it works – and when we say it works….

Philip Mulholland
September 6, 2026 9:02 am

David —
Your target is right: the judges’ chapter describes a finished product, not the process. The scientific process includes hypotheses that change an assumption and then have to fight their way past a closed reporting shop. Peer review, as currently practised in the climate science field, often functions as a fortress consensus. Work that does not start from TOA radiative imbalance as the independent variable is not refuted. It is not even admitted.

Zenodo and WUWT are the safety valves. They are not used as such by the community that writes manuals for judges. That community treats those venues as non-science by definition, then cites the resulting silence as evidence that no serious alternative exists.

The Dew-Point Anchor Hypothesis is an example of the thing that shop will not carry. It is not a fringe end-member. It asks one legitimate modelling question: what if the independent variable is the observable phase-equilibrium level of the condensing volatile — the lifting condensation level / dew-point height — rather than the radiative residual at the top of the atmosphere? Surface temperature and pressure then become dependent variables, obtained by integrating downward along the appropriate adiabat under hydrostatic balance. That is ordinary inverse modelling. It is the same class of move a geoscientist makes when the boundary condition was misspecified.

Andy May and Philip Mulholland have already tested that assumption against radiosondes here on this site. The moist-adiabatic description holds through the lower and mid troposphere and fails where ice-phase processes take over — near the same layer where the CMIP ensembles diverge from observations. The papers are on Zenodo. They will not appear in the journals a judge is told to treat as Science, not because the question is unscientific, but because the reporting process does not accept a change of independent variable as a live debate.

A manual that said “how science works” would have to mention that such hypotheses exist, that they can be tested, and that institutional literature is not a complete inventory of them. This chapter cannot do that. It has already defined the closed shop as settled science.