Posted by Wesley R. Elsberry on July 28, 2005 12:56 AM

The Foundation for Thought and Ethics entered a motion to intervene in the Kitzmiller et al. v. Dover Area School District case in Dover, Pennsylvania. On July 27th, Judge John E. Jones denied their motion to intervene. Interestingly, I don’t seem to see any place within this decision where Judge Jones agreed that any of FTE’s arguments for intervention had merit.

I found this footnote from page 9 particularly illuminating in light of previous discussions here and elsewhere in the blogosphere:

It is clear to the Court that FTE improperly assumed that its rights would be protected so long as Dembski remained an expert for the Defendants. As such, we believe that the real motivation or underlying reason that FTE filed the instant Motion was because Defendants terminated Dembski as an expert in this case, which led FTE to conclude that its rights were no longer being protected. Notably however, Dembski was involved in this litigation only as a disclosed witness, and never as an agent or representative of FTE. It was only after Dembski apparently subjected The Design of Life to a premature release by including it in his March 30, 2005 expert report, as previously noted, that the various machinations which led to his termination commenced.