It also came out at the trial that the school board's own attorney advised against their policy of pushing ID into the science classes, because it was likely to result in litigation. The school board was so crazed that they ignored their own lawyer's advice. But the Discovery Institute's post-trial spin doesn't mention uncomfortable details like that. To them, it's all an ACLU plot.
Some plot, considering that it was conceived and carried out by the Discovery Institute and that Thomas Moore law firm, with the eager cooperation of an idiotic school board. So it's all the ACLU's fault. This is one of the few times in living memory that the ACLU has been on the correct side of an issue. (I think they also filed a brief on behalf of Rush in his recent troubles.)
It wasn't crazed conservatives who used activist judges to run prayer and religious ideas out of public schools, it was far left liberals who think like the devious Barry Lynn and the ACLU.
I wouldn't be too eager to accept the activist revisons of the Constitution that the left began to enact during and after the 1940s.
They ignored nearly 200 years of American legal history in doing so.
Of course, they did their judicial activist magic with impunity for 30 years using the likes of Brennan, Blackmun and Earl Warren.
Now that their logic has been proven to be faulty and disagrees with legal history and intent, the left has admitted that they ignore intent.
So now, in order to justify their obvious disagreement with historical legal intent, they have begun to openly claim that the Constitution is only an ACLU approved, living, breathing, judge-legislated document that can be ignored and revised according to the whims of a liberal judge. (and their activist revisionist rulings remain.)