It was not merely Judge John E. Jones who ruled against teaching “intelligent design” (ID), a thinly veiled surrogate for “creation science,” in public schools. The citizens of Dover, Pennsylvania, exercised the power of the ballot to ensure that their city did not appeal Kitzmiller. If the case had reached the Supreme Court of the United States, the justices possibly would have split 5-4 in favor of allowing public schools to teach ID.
Today ID lost its prospect of winning in the Supreme Court: Justice Antonin Scalia, Known For Biting Dissents, Dies At 79. As noted in the Wikipedia article on Edwards v. Aguillard (1987), in which the court nailed shut the coffin of creation science,
Justice Antonin Scalia, joined by Chief Justice William Rehnquist, dissented, accepting the Act’s stated purpose of “protecting academic freedom” as a sincere and legitimate secular purpose. They construed the term “academic freedom” to refer to “students’ freedom from indoctrination”, in this case their freedom “to decide for themselves how life began, based upon a fair and balanced presentation of the scientific evidence”.
Has quite a familiar ring, doesn’t it? The rhetoric of the ID movement was designed by a law professor, Phillip Johnson, to suit a creationism-friendly judge of the Law of the Land. This is indeed a sad day for ID, which already had acquired a moribund pallor.