Judges are not irrelevant, if they were, there wouldn't have been a court case now would there?
As for Kelo and all the other stuff, that is just noise and not relevant to this case.
Focus
Judges are irrelevant when it comes to the truth or untruth of Darwin's theory of evolution. I could have made that a bit clearer. They are pivotal as far as the discussion about the teaching of evolution in classrooms, though.