Ok this is not a bug with jquery but it solved the bug. I am not sure where to post this bug so other people can solve it.
I am running Drupal 5.7 with a custom theme and numerous modules. After a recent module update the $scripts variable was blank for users not logged in (anonymous users). I tired numerous things but after installing the Jquery update module (i am using my own special jquery functions also) it worked.

Not sure why or how but this module helped.

chris

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cbovard’s picture

cbovard CreditAttribution: cbovard commented
Status: Fixed » Postponed (maintainer needs more info)

Going to add to this issue. I had to roll back the Jquery update as it is messing up the version of TinyMCe I am using.
So still a bug.

cbovard’s picture

cbovard CreditAttribution: cbovard commented
Status: Postponed (maintainer needs more info) » Closed (fixed)

Ok, I think the cause of the issue was my hardcoded javascript function page.
Not sure why but this post helped: http://drupal.org/node/66572
I ended up doing this in my template.php file

//javascript fix for front page
drupal_add_js("sites/default/themes/pims/js/pims_functions.js");

I changed themes but noticed that if no javascript was required none was referenced from the $scripts tag.
Hopefully this fixes all issues.

chris