Well, I suppose I could base it on the appeals court in the 11th Circuit which looked askance on the same argument made by the ACLU and trial judge in Georgia. My money says that one is overturned because even the Clinton appointee was skeptical of the ACLU and the trail judges holding. The two conservative judges ripped the ACLU a new one.
But the case should never have gone that far. Dover is instructive because the lowly proletariat found the wherewithal to change the school board absent big brothers command. Exactly the right remedy for those who agree with you on the science. And exactly the right remedy for those that don't. Local voters controlling local issues absent federales in robes.