[xzins]

In its ruling today, the 11th Circuit wrote, “The problems presented by a record containing significant evidentiary gaps are compounded because at least some key findings of the district court are not supported by the evidence that is contained in the record.” The full text of the court’s ruling in the case Selman v. Cobb County School District can be read at www.telladf.org/UserDocs/CobbCountyDecision.pdf.

What do you think "record containing significant evidentiary gaps" is referring to? Evolution or this case?

[P-Marlowe]

Both.

The lower court ruling is an example of the Lemon Test going too far. I actually hope the ACLU takes this up to the Supremes. I think it is time to have the Lemon Test challenged. I think there are enough votes now (with O'Connor gone) to throw the Lemon test on the asheap of history.

[dukeman]

What do you think "record containing significant evidentiary gaps" is referring to? Evolution or this case?

The 11th Circuit is speaking to the poor state of the evidentiary record upon which the district court based its decision. The district court will now hold further proceedings and the case could go back up to the 11th Circuit, depending on what happens.