Changes

The court completely and permanently censored the reading of the proposed statement on [[Intelligent Design]],<ref name="Memo" /> and approved an award of over $2 million in legal fees to the [[ACLU]] and other plaintiffs' attorneys.<ref>http://www.docstoc.com/docs/530239/2006-02-22_stipulation</ref>  The court also denied an attempt to intervene in the case by parents who wanted the ID statement,<ref>http://www.pamd.uscourts.gov/opinions/jones/04v2688.pdf</ref> and completely excluded ("stricken in its entirety") an [[amicus brief]] submitted by the [[Discovery Institute]] which included information from Drs. [[Stephen Meyer]] and [[William Dembski]].  The judge ruled that the amicus brief be struck since it would allow Dembski and Meyer, who had previously planned to testify but had decided to withdraw, to testify as expert witnesses without being subject to cross-examination by the plaintiffs. The amicus curiae of the scientists was allowed to remain on the court record.<ref>http://www.aclupa.org/downloads/OrderstrikeDIamicusbriefs.pdf</ref>  The court's final order was based on a stipulation about attorneys' fees which also foreclosed any appeal of the ruling.<ref>http://www2.ncseweb.org/kvd/all_legal/2006-02-24_Judgment.pdf</ref>  Taxpayers in the district paid $1,000,011 of the massive legal fee award to the [[ACLU]] and other plaintiffs' attorneys.<ref name="Note">[http://www.umt.edu/mlr/editors'%20note.pdf ''Montana Law Review'' Editor's Notes]</ref>

The court completely and permanently censored the reading of the proposed statement on [[Intelligent Design]],<ref name="Memo" /> and approved an award of over $2 million in legal fees to the [[ACLU]] and other plaintiffs' attorneys.<ref>http://www.docstoc.com/docs/530239/2006-02-22_stipulation</ref>  The court also denied an attempt to intervene in the case by parents who wanted the ID statement,<ref>http://www.pamd.uscourts.gov/opinions/jones/04v2688.pdf</ref> and completely excluded ("stricken in its entirety") an [[amicus brief]] submitted by the [[Discovery Institute]] which included information from Drs. [[Stephen Meyer]] and [[William Dembski]].  The judge ruled that the amicus brief be struck since it would allow Dembski and Meyer, who had previously planned to testify but had decided to withdraw, to testify as expert witnesses without being subject to cross-examination by the plaintiffs. The amicus curiae of the scientists was allowed to remain on the court record.<ref>http://www.aclupa.org/downloads/OrderstrikeDIamicusbriefs.pdf</ref>  The court's final order was based on a stipulation about attorneys' fees which also foreclosed any appeal of the ruling.<ref>http://www2.ncseweb.org/kvd/all_legal/2006-02-24_Judgment.pdf</ref>  Taxpayers in the district paid $1,000,011 of the massive legal fee award to the [[ACLU]] and other plaintiffs' attorneys.<ref name="Note">[http://www.umt.edu/mlr/editors'%20note.pdf ''Montana Law Review'' Editor's Notes]</ref>

The court's decision relied heavily on a district court decision from another jurisdiction, [[Selman v. Cobb County School District]], quoting from it nearly a dozen times, but that decision was subsequently vacated on appeal.<ref>''Selman v. Cobb County Sch. Dist.'', 390 F. Supp. 2d 1286 at 1306 (N.D. Ga. 2005), ''vacated on appeal'', 449 F.3d 1320 (11th Cir. 2006).</ref> A final judgment and dismissal with prejudice was entered on December 19, 2006 in which the school board in question was prohibited from taking any action that would "prevent or hinder the teaching of evolution in the school district."<ref> http://www.cobbk12.org/news/2006/20061219_EvolutionCase.htm</ref>

The court's decision relied heavily on a district court decision from another jurisdiction, [[Selman v. Cobb County School District]], quoting from it nearly a dozen times, but that decision was subsequently vacated on appeal (although the school board involved withdrew their policy and paid an out of court settlement to avoid a retrial.)<ref>''Selman v. Cobb County Sch. Dist.'', 390 F. Supp. 2d 1286 at 1306 (N.D. Ga. 2005), ''vacated on appeal'', 449 F.3d 1320 (11th Cir. 2006).</ref> A final judgment and dismissal with prejudice was entered on December 19, 2006 in which the school board in question was prohibited from taking any action that would "prevent or hinder the teaching of evolution in the school district."<ref> http://www.cobbk12.org/news/2006/20061219_EvolutionCase.htm</ref>

== Criticism==

== Criticism==

Immediately after the ruling in favor of the plaintiffs, Judge Jones, who had been recommended for the bench by [[liberal]] [[Republican]] [[Pennsylvania]] governor [[Tom Ridge]] and appointed by Pres. [[George W. Bush]], was criticized for [[judicial activism]] by the [[Discovery Institute]].<ref name="Activ">[http://www.evolutionnews.org/2007/11/judge_jones_admits_the_activis.html Judge Jones Admits the Activist Nature of Kitzmiller Ruling on Lehrer Newshour] (Discovery Institute).</ref>  

Immediately after the ruling in favor of the plaintiffs, Judge Jones, who had been recommended for the bench by [[liberal]] [[Republican]] [[Pennsylvania]] governor [[Tom Ridge]] and appointed by Pres. [[George W. Bush]], was criticized for [[judicial activism]] by the [[Discovery Institute]].<ref name="Activ">[http://www.evolutionnews.org/2007/11/judge_jones_admits_the_activis.html Judge Jones Admits the Activist Nature of Kitzmiller Ruling on Lehrer Newshour] (Discovery Institute).</ref>