Running Wolf: I agree. Unfortunately that is where everything seems to end up.
Right Wing Professor: Fortunately, this isn't a scientific dispute. It's an attempt to establish religion. We have plenty of jurisprudence on that issue.
This may be a prime opportunity for the United States Supreme Court to show its judicial philosophy under the leading of Chief Justice Roberts (and whoever replaces O'Connor).
In so very many ways this has become a "hot button" because of prior rulings which have been woefully inconsistent wrt the First Amendment. The Supremes may have this case, possibly the 7th ruling that "atheism is a religion" and the Newdow's "under God" ruling all hitting them in rapid succession.
I believe it is a good thing if it will result in clarity between (a) the Establishment clause and (b) Freedom of Religion in the First Amendment:
Of course, I strongly agree with Scalia and Thomas that the decisions concerning the Establishment clause (such as Lemon) have resulted in a hostility towards theistic religions - and thus infringes on the Freedom of religion.
IMHO, the key domino in what will no doubt be a chain of decisions could/should be a review of the 7th decision that “atheism is a religion” which was based on many prior decisions of the Supremes. If it is indeed a “religion” then it cannot be given preference, i.e. be established as the state religion.
I believe whatever the court decides will clarify Lemon and have a domino effect on both the atheist legal initiatives as well as the theistic legal initiatives over the years – from the public display of religious symbols to public education in science, religious references and prayers of students, publicly speaking “under God” in the pledge of allegiance and so on.
IOW, the problem is not science but rather that the USSC itself has been inconsistent for decades and it will catch up with them.
Lemon needs no clarification, it needs placement in the circular file. Scalia and others have killed it on numerous occasions.
There is a huge paper trail behind the ID movement demonstrating its motives. This kind of paper trail has scuttled previous efforts to change the teaching of Biology.
I suspect that the judge will find the current effort will have a religious motive, and that this will be a finding of fact.