(For previous posts in this series, see here.)
The judge who presided in the trial Kitzmiller v. Dover seemed to have a more sophisticated idea of the nature of science than Judge Overton in the 1982 case of McLean v. Arkansas. Judge Jones’s full analysis of how he came to his conclusion that intelligent design was religion and not science (p. 64-89) is well worth reading because it gives an excellent summary of some basic ideas in the history, philosophy, and methodology of science.
Judge Jones based his ruling on arguments similar to those used by Judge Overton in McLean v. Arkansas, in which the latter ruled that creation science was also a religious belief and not science. This aspect of the opinion may end up being the most significant part of the verdict, with devastating consequences for the Discovery Institute’s long-term goal of slowly bringing religion and god back into the schools. The reason that IDC strategists wanted to have their theory considered a science was that then that it would have a better chance of passing the Lemon test for satisfying the establishment clause.