I think the ID protagonists here (the school district, remember, not the DI) will argue under the rubrics of free speech and states' rights, both powerful political magnets.
They will probably assert that the scientific validity of ID is largely irrelevant compared to important questions of protected speech and local control. They clearly cannot win on the scientific merits, and the above alternatives would appeal to a conservative judge (and then SCOTUS): I can readily imagine an opinion that declares it is outside the court's purview to determine the validity of a theory and that otherwise the hurdle for stifling speech and thwarting local control has not been met.
I think the protesting partents and ACLU will lose at least this first round.
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