Well part of that is because The Discovery Institute has no other purpose. The other part is that there are always small school boards that are ignorant enough of the law and history to keep trying.
In the early 1990’s I was involved in a debate with my school board over a graduation prayer. Members of the school board tried to reject the idea that they were part of the government and were therefore subject to the first amendment. I was flabbergasted at the time that these somewhat influential people in my town were so ignorant of basic civics.
I am much less naive now.
