Expert Comment on the Dover, Pa., School Board Plan to Include Intelligent Design in Its Curriculum

from the University of Pennsylvania Law School

Jan. 4, 2005

Theodore Ruger, a law professor at the University of Pennsylvania, teaches, researches and writes about constitutional law.

"The law in this area might change significantly in the next few years while the Dover litigation makes its way through the federal court system.  The U.S. Supreme Court will this year hear a case involving the Ten Commandments placement in a public space, and the Court's framing of the establishment clause rule in that case will probably be important law applicable to the Dover situation.  It is possible that the Court will use this or another upcoming case to promote a more permissive attitude toward religion in public life.  Chief Justice William Rehnquist and Justices Antonin Scalia and Clarence Thomas are already on record in favor of such a result, and new appointees of President Bush may share their view."