[JewishRighter]

Having read the opinion, I believe that it is unassailable and will be adopted by the appellate courts should the Dover School District elect that option.

There are no "appellate courts should the Dover School District elect that option." Appeal from Circuit Courts of Appeal in the US system are to the SCOTUS.

[middie]

The opinion was by a U.S. District Court(a trial court) thus any appeal would be to the Third U.S. Court of Appeals in Phila. Appellate courts do not receive evidence, they are bound by the record made by the parties in the trial court, in this case, the district court in Harrisburg, Pa.

Perhaps you weren't aware of the forum of the opinion since it reads like a well reasoned appellate court opinion in large part.