"the institute's program is infused with creationism and runs counter to conventions of science that hold that claims of supernatural intervention are not testable and therefore lie outside the realm of science." On the following day the full Board unanimously voted against allowing the ICR to issue science degrees. The decision was "based the recommendation on two considerations: ICR failed to demonstrate that the proposed degree program meets acceptable standards of science and science education. The proposed degree is inconsistent with Coordinating Board rules which require the accurate labeling or designation of programs … Since the proposed degree program inadequately covers key areas of science, it cannot be properly designated either as 'science' or 'science education.'" The ICR said it would appeal the decision saying the Education Board was guilty of "viewpoint discrimination". Instead, in April 2009, the ICR sued the THECB in federal court for imposing "an unconstitutional and prejudicial burden against ICRGS's academic freedom and religious liberties" and asked for the ability to award science degrees. In June 2010, a judge ruled in favor of the Texas Higher Education saying the ICR "is entirely unable to file a complaint which is not overly verbose, disjointed, incoherent, maundering and full of irrelevant information." The judge concluded, "The Court simply comes to the conclusion, which is inescapable, that the [THECB] decision was rationally related to a legitimate state interest." In the September 2010 ICR newsletter, Henry Morris III, the ICR's chief executive officer, wrote "ICR's legal battle is over" after the Judge ruled in favor of the Texas Board. In 2010, the ICR board of directors voted to close the ICR Graduate School and open a School of Biblical Apologetics, offering a Master of Christian Education degree with Creation Research being one of four minors. The ICR noted that "Due to the nature of ICR's School of Biblical Apologetics — a predominantly religious education school — it is exempt from licensing by the Texas Higher Education Coordinating Board. Criticism Scientific criticism Young-earth creationism is rejected by nearly all scientists, including most scientists who hold to the Christian faith, with more than 45 science organizations having criticized creationism as not science. Professor Massimo Pigliucci, a professor of ecology and evolution at the State University of New York at Stony Brook, has criticized ICR for professing to present the same science as that taught in secular universities while at the same time