Uh-oh. According to this article from the Atlanta Journal-Constitution, a recent ruling against evolution critics may be thrown out.

Federal appeals court judges gave a hostile reception Thursday to a lower court decision that ordered Cobb County to scrape off evolution disclaimer stickers from almost 35,000 science textbooks.

The three appeals court judges (two GOP, one Democrat) all questioned a lower court’s ruling that found the stickers to be unconstitutional. The stickers read: “This textbook contains material on evolution. Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully and critically considered.”

District Court Judge Clarence Cooper had ruled that the stickers convey “an impermissible message of endorsement [of religion].” But Judge Ed Carnes said the stickers were “literally accurate” and that he couldn’t see how a finding could be made that the stickers endorsed a religion.

Seems like the judges are right. The stickers may be stupid, but that doesn’t mean they’re in violation of the First Amendment which simply states that the government may not establish a religion.

A ruling isn’t expected until early next year, but it appears this issue may not be going away soon.