In a twelve page tour de force Michael Behe presents his response to Judge Jones' criticisms of him in Kitzmiller. Since Behe was the defendants' lead witness much of the Judge's opinion derogated his testimony. Behe considers the relevant passages from the decision and TKOs the Judge's finding in about the first page or two. In his calm, professional manner Behe implicitly confirms the point we made in our own analysis of the decision - the Judge, whose experience in scientific matters was doubtless limited in his previous capacity as state liquor control board chairman, was clearly out of his depth. Sensing his inadequacy, perhaps, the judge simply chose to play it safe by accepting uncritically whatever the plaintiff's witnesses told him and rejecting whatever he heard from the defendants. His claim that Intelligent Design is not genuine science has about it the scent of a purely arbitrary judgment on his part, and Behe explains why.
Here's his conclusion:
The Court's reasoning in section E-4 is premised on: a cramped view of science; the conflation of intelligent design with creationism; an incapacity to distinguish the implications of a theory from the theory itself; a failure to differentiate evolution from Darwinism; and strawman arguments against ID. The Court has accepted the most tendentious and shopworn excuses for Darwinism with great charity and impatiently dismissed evidence-based arguments for design.
All of that is regrettable, but in the end does not impact the realities of biology, which are not amenable to adjudication. On the day after the judge's opinion, December 21, 2005, as before, the cell is run by amazingly complex, functional machinery that in any other context would immediately be recognized as designed. On December 21, 2005, as before, there are no non-design explanations for the molecular machinery of life, only wishful speculations and Just-So stories.
Behe's paper is a masterwork of well-reasoned argument and will repay anyone interested in this issue for the time invested in reading it.