Re: Dover Intelligent-Design Case

[Ed Brayton]

Marc Stern wrote: Were there any interveners? Might Discovery Institute intervene for purposes of appeal? .During the fight over equal access, the Supreme  Court held in Bender v. Williamsport ASD,475 US 534  that a single school board member did not have standing to appeal a decision to allow religious clubs .A fortiori former members should lack standing, unless ,perhaps they were sued in an individual capacity and held for damages. The Foundation for Thought and Ethics attempted to intervene but was denied. Discovery Institute did not attempt to intervene. This suit, as far as I know, was only against the school district as a whole, not against the individual members of the school board. There are no damages awarded and none asked for. So I can't imagine there is anyone with standing that could intervene at this point. The school board has said that they will not file an appeal of the case. Ed Brayton

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