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

[Hugh Haskell <hhaskell@MINDSPRING.COM>]

At 11:29  -0600 11/10/05, Jack Uretsky wrote:

>  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.

Why would there be an appeal if the new school board is made up of
those who believe that the policy that led to the suit in the first
place was misguided, including at least one of the plaintiffs?

If the plaintiffs win, and the new board agrees with the decision, I
doubt they would undertake an appeal just to clear up the issue, and
I doubt that the thomas More folks would be willing to take that one
on on behalf of the board--maybe there might be some third parties
who would be willing to assume the pro ID side and carry the case on,
but I have no idea how that sort of a transition would work, or if it
is possible.

If the defendants win, then the new board is in a bit of a sticky
wicket, it seems to me. They could just rescind the policy and let
the matter drop, but there would be this pesky precedent out there
that could give them trouble later on, or they could encourage the
original plaintiffs to pursue the appeal which they would not bother
to defend. Or???

But my primary question had to do with the winning side recovering
legal costs from the losing side. I can't think of a way that this
wouldn't cost the board money, unless the judge finds for the defense
and they then support Thomas More in going after the plaintiffs for
compensation, but this would essentially mean that the defense
attorneys would now be suing the people who now make up the board for
recovery of legal expenses . . . I'm getting dizzy.

Hugh
--

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

(919) 467-7610

Never ask someone what computer they use. If they use a Mac, they
will tell you. If not, why embarrass them?
                        --Douglas Adams
******************************************************
_______________________________________________
Phys-L mailing list
Phys-L@electron.physics.buffalo.edu
https://www.physics.buffalo.edu/mailman/listinfo/phys-l