Sunday, November 13, 2005


Fallout of the Fallout II

Just a P.S. as to the previous discussion on the impact of the election defeat of the pro-Intelligent Design members of the Dover Area School Board on the case pending in Federal Court:
Judge Jones has been quoted as saying that the election results will have "zero" impact on his ruling. While that probably refers more to any thought that the election bears on the legitimacy of the prior Board's actions, Jones cannot be unaware of the question of whether the case will become moot.
He also is quoted as follows:
We'll go through a lot of drafts to make sure we got it right. I welcome the opportunity to write this decision. I've been given the opportunity to preside over one of the most important trials [on the] First Amendment and the Establishment Clause.
It certainly does not sound like he has any intent to "duck" a historic decision by a procedural ruling on mootness.
More worrying for the Discovery Institute, which wants the Judge to make a narrow ruling, it doesn't sound like he is going to be content to just make the easy call (given the testimony of the board memebers) that, whatever noises they were making, the real intent of the Board was to further religion. To really make this "one of the most important" First Amendment cases, Judge Jones will have to get into what the relationship really is between ID and religion -- just what the DI doesn't want.
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