Last year the ACLU took on the Dover, Pensylvania school board for requiring intelligent design (neocon for creationism) to be taught in high school biology classes.  Eleven parents joined the ACLU and filed suit, arguing it is religious belief dressed in the cloth of science.  Last week Judge Jones, a Republican appointed by President Bush, concluded that intelligent design was not science, and that it was unconstitutional for the Dover School board to require it to be taught in high school.

Ironically, the radical Dover School board members that pushed the issue have already been voted out of office.

In 1987, the U.S. Supreme Court seemed to settle this question, ruling that Louisiana could not make creationism a part of the science curriculum. The state, Justice William J. Brennan wrote, cannot "restructure the science curriculum to conform with a particular religious viewpoint."  Justice Antonin Scalia dissented, arguing that creationism could be "valuable scientific data that has been censored from the classrooms by an embarrassed scientific establishment." 

Yes, Scalia, it is good judgement to us embarassment to teach those pagen scientists a lesson.  If the matter were brought before the Bush-altered supreme court today, the outcome may be different.