An interesting question ...

... now I come to think of it. The Dover School Board that had sought to introduce consideration of some of the weaknesses of evolutionary theory had been elected out of office in November 2005, prior to the judgement (which appeared in December). Given that the new board were elected on a platform of opposition to the new policy on evolution, and that the policy came up for discussion at their first meeting on December 5th, how come the policy wasn't rescinded at that stage?