This one, by a second-year law student, takes more or less the same tone as the others:
In this detailed analysis, I will take a close look at Judge Jones reasoning, and evaluate the potential legal basis for determining the scientific status of ID. Ultimately, I find that the Kitzmiller opinion has no legal basis to determine the scientific status of intelligent design, and as such, is merely the opinion of one man, not the law as proclaimed by a federal district court judge.Ed Brayton, over at Dispatches, has already fisked the substance of that post. I'd like to take a second to look at something else: the Discovery Institute's pre-decision view of how the judge should rule.
Back on October 17th, in a press release titled, "Discovery Institute Tells Dover Judge Teaching About Intelligent Design is Constitutional," Robert Crowther had this to say:
Today, the Discovery Institute, the nation’s leading think tank researching intelligent design, filed an Amicus Curiae (i.e. “Friend of the Court”) brief in the Kitzmiller v. Dover Area School District case urging the judge to rule that it is not unconstitutional to teach about the scientific theory of intelligent design.Let's be clear: they didn't ask the judge not to rule on the constitutionality of ID. They asked the judge to rule that ID was not unconstitutional.
That October release wasn't an anomoly; it was the pre-judgement norm. From a November article:
Although Discovery Institute does not support the particular policy adopted by Dover, it has been clear in supporting the principle of academic freedom when it comes to intelligent design. That is why the Institute supported filing a friend of the court brief on behalf of 85 scientists who sought protection of the freedom to research and write about intelligent design. That is also why the Institute itself filed its own brief defending the constitutionality of teaching about intelligent design.Again, they weren't demanding that the judge stay away from the question of whether or not ID is constitutional. They were actively promoting the view that it is constitutional to teach ID. As recently as the day before the decision was released, Casey Luskin described the constitutionality of Intelligent Design as, "the big question at stake in the case."
The was the DI's view on December 19th was that the constitutionality of Intelligent Design was central to the Dover case. Starting on December 20th, they began to condemn Jones as, "an activist judge who has delusions of grandeur" for ruling on the constitutionality of Intelligent Design.
What a difference a day makes.