The ruling in the appeal of Selman et al. v. Cobb County School District et al. -- the case in which a federal district court ruled that textbook stickers describing evolution as "a theory, not a fact" violate the First Amendment -- was issued by the Eleventh Circuit Court of Appeals on May 25, 2006. The three-judge panel vacated the district court's judgment and remanded the case for further evidential proceedings.

In Minnesota, Senate File 2994 was passed by both the House of Representatives and the Senate on May 20, 2006, but without the provision that would have prohibited the state department of education and local school districts from "utilizing a nonscientifically based curriculum, such as intelligent design, to meet the required science academic standards under this section." The Senate approved a version of the omnibus education bill with that pro