Proponents of intelligent design insist that it is founded on science, because evolution can't fully explain some of the complexities of living things the structure of the eye, for example which they argue follow a conscious design. And while some critics maintain this argument is but a ploy to avoid the Supreme Court's ruling, advocates of ID avoid identifying who or what that designer might be. Could be Klingons, even.
The thrust of the ID argument that there are many things not yet explained by the theory of evolution will be challenged by expert witnesses, on the grounds that it holds true for a variety of other widely taught scientific theories. Plate tectonics, for example or even Einstein's General Theory of Relativity fail to cover all bases. Still, ID'ers will counter, failing to teach kids about the scientific controversy over evolution is tantamount to keeping them ignorant. Except that there is no significant scientific controversy. ID proponents are correct in maintaining that there are legitimate scientists a relatively tiny handful who maintain that evolution is bogus science. But you can also find an equivalent handful of legitimate scientists ready to challenge relativity, or quantum physics, or the idea that HIV causes AIDS, or pretty much any widely accepted idea in modern science. A handful of doubters does not a controversy make.
So the Dover plaintiffs are bringing in scientists to try and persuade the court that ID isn't really science, but rather the exact opposite. If they lose, they will likely take consolation from the fact that back in 1925, Scopes was actually convicted. But he won a moral victory, because publicity from the trial made a laughingstock of anti-evolutionists for most of a century, anyway.