Thanks for the links PH. I just spent some time reading through the available pleadings, and IMHO, the Dover Board is screwed.
Although they deny the statements in their Answer, the Board reps have gone on record in public meetings with various statements indicating that the policy they adopted is for a religious purpose. Prior case law pretty much mandates the outcome of this case in that circumstance. That is, the plaintiffs in this case are going to win.
I'm not at all shocked that Dembski and the Discovery Institute have fled the scene. Although some creative wording in the court's written opinion could avoid making a decisive statement, it seems clear that this case will result in a ruling that finds "intelligent design theory" (at least in this case) to be religious in nature.
So much careful work by DI down the drain due to the intemperate remarks of one school board member in Dover, PA!
I also think that it is particularly telling that the Dover Board hired attorneys whose speciality is prosecuting and defending Christian interests. It looks at though the Board shot itself in one foot, then the other, and continued shooting until it cut itself off at the knees.
Kinda like the "anti-war" kooks I'm watching on C-SPAN right now. There's always gonna be some who show up waving the hammer and sickle or the Che Guevara banner and giving the game away.