While I would certainly hope that the dicta from the opinion you have quoted keep the judicial doors open, dicta typically do not do that in the face of stern findings of fact, to wit, the court’s findings included:
In summary, Dr. Miller testified that Pandas misrepresents molecular biology and genetic principles, as well as the current state of scientific knowledge in those areas in order to teach readers that common descent and natural selection are not scientifically sound. (1:139-42 (Miller)).
Accordingly, the one textbook to which the Dover ID Policy directs students contains outdated concepts and badly flawed science, as recognized by even the defense experts in this case.
A final indicator of how ID has failed to demonstrate scientific warrant is the complete absence of peer-reviewed publications supporting the theory.
