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The [[Discovery Institute]] found that in his decision Jones has copied verbatim from the [[ACLU]]'s proposed findings of fact. Casey Luskin, a scholar of [[intelligent design]] at the Discovery Institute has shown that the decision amounts to [[judicial activism]], although Judge Jones has denied this. <ref>http://www.evolutionnews.org/2007/11/judge_jones_admits_the_activis.html</ref>  Critics of the Discovery Institute have countered that it is not unusual for a judge to use the findings of fact from the side that has proved their case.  See UNITED STATES v. EL PASO GAS CO., 376 U.S. 651 (1964) <ref> http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=376&page=651#656

The [[Discovery Institute]] found that in his decision Jones has copied verbatim from the [[ACLU]]'s proposed findings of fact. Casey Luskin, a scholar of [[intelligent design]] at the Discovery Institute has shown that the decision amounts to judicial activism, although Judge Jones has denied this. <ref>http://www.evolutionnews.org/2007/11/judge_jones_admits_the_activis.html</ref>  Critics of the Discovery Institute have countered that it is not unusual for a judge to use the findings of fact from the side that has proved their case.  See UNITED STATES v. EL PASO GAS CO., 376 U.S. 651 (1964) <ref> http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=376&page=651#656

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