That's a risky approach anyway. Wasn't the judge handling the Kitzmiller v Dover case a conservative, which led some to believe that he'd support the inclusion of ID in schools? He shot it down instead. Trying to intimidate judges this way could turn out very differently than anticipated.
"Well, evolution is a theory. It is also a fact. And facts and theories are different things, not rungs in a hierarchy of increasing certainty. Facts are the world's data. Theories are structures of ideas that explain and interpret facts. Facts don't go away when scientists debate rival theories to explain them. Einstein's theory of gravitation replaced Newton's in this century, but apples didn't suspend themselves in midair, pending the outcome. And humans evolved from ape- like ancestors whether they did so by Darwin's proposed mechanism or by some other yet to be discovered."
-Stephen Jay Gould
-Stephen Jay Gould
