The ICR said it would appeal the decision saying the Education Board was guilty of "viewpoint discrimination." Instead, in April 2009, the ICR sued the THECB in federal court for imposing "an unconstitutional and prejudicial burden against ICRGS's academic freedom and religious liberties" and asked for the ability to award science degrees. In June 2010, a judge ruled in favor of the Texas Higher Education saying the ICR "is entirely unable to file a complaint which is not overly verbose, disjointed, incoherent, maundering and full of irrelevant information." The judge concluded, "The Court simply comes to the conclusion, which is inescapable, that the decision was rationally related to a legitimate state interest." In the September 2010 ICR newsletter, Henry Morris III, the ICR's chief executive officer, wrote "ICR's legal battle is over" after the Judge ruled in favor of the Texas Board.