 The ACLU was also surprised that Judge Smith cited "lack of an actual controversy" as a reason for dismissal because Grady Balentine, the lawyer for the state attorney general's office, did not make that argument.Balentine had only argued "that the law gives people another option if they don't wish to swear on the Christian Bible".On December 15, 2005, a week after Smith's ruling, the North Carolina chapter of the ACLU announced they would appeal the decision.