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[Phys-L] Re: intelligent design +- elections



Hi all-
It is not at all obvious that the plaintiffs are going to win
this case. If they do win in the District Court, I'm sure there will be
an appeal. If the new Board rescinds the actions of the old board, the
case may well be dismissed as moot. I've not seen the Complaint, so I
don't know what the Plaintiffs have asked for. Defendants' attorneys
strike me as highly competent.
Regards,
Jack


On Wed, 9 Nov 2005, Hugh Haskell wrote:

At 18:33 -0500 11/9/05, John Denker wrote:

According to Reuters:

In Dover, Pennsylvania, where a court battle rages over the
teaching of an "intelligent design"
alternative to evolution, voters ousted eight of the nine
incumbents on the local school board who
supported that curriculum.

That creates an interesting situation. Since at least one of the new
school board members was one of the original plaintiffs, he is now in
the rather odd position of having sued himself (or will be when he
takes his seat on the board). It seems pretty obvious that the
plaintiffs are going to win the case, and that, now that the defense
is in the hands of opponents of ID, they will likely not appeal the
decision. But one of the issues mentioned in some of the articles
appearing in the York Daily Record about the trial is that, if they
win, the plaintiffs will attempt to recover their legal expenses from
the defendants, i.e., the school board.

Could the new school board find itself in the position of having to
pay for the suit that they themselves brought? Would the ACLU, in a
situation such as this, forego an effort to recover its costs? What
about the Thomas More society? If the new school board fires them, as
seems likely, will they be in a position to seek reimbursement of
their costs from the school board?

Maybe Jack could comment on the legal situation here.

Hugh
--

Hugh Haskell
<mailto:haskell@ncssm.edu>
<mailto:hhaskell@mindspring.com>

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