Scopes was not just a test trial, it was a conspiracy to bring about the charges. Read the link I presented. The ACLU was involved in both cases. You know them, they are the conservative legal group. /sarc
That's pretty much what test trials are. The Discovery Institute was in "a conspiracy to bring about" the Dover trial.
Indeed they are, and Clarence Darrow was the premiere conservative advocate of the land, as you can see here: In Defense of the Communists, Clarence Darrow.