Supreme Court Relying On Facts That ‘Wouldn’t Pass Muster In A High School Paper’

Supreme Court Relying On Facts That ‘Wouldn’t Pass Muster In A High School Paper’ – http://huff.to/W2Fukh

Generally speaking newly claimed facts shouldn’t be considered unless they are notorious enough for “judicial notice”.

In some cases it may be a bit sloppy but immaterial, such as the issue about the reasons for searching people that go to lockup with even minor violations.   Police should use discretion but that does represent a safety issue even if gang arrests were decreasing. 

There may be other cases where the citations make a point even if they are misconceived.   Say with issues of individual rights or government action there may be difficulties with proof, especially with counterfactuals, and there may never be proof of the benefit or detriment of a course of action if it doesn’t happen. 

A lot of interests may also lack the resources to provide comprehensive analysis to a scientific standard.

Bear in mind that expensive studies are even sometimes inadequate, and should only those with deep pockets be entitled to be heard.

They should proceed with caution but I’ve often thought that the “judicial notice” approach strictly enforced was too narrow.

This opens the door to potential egregious errors and uncertainty but then one of my favorite judicial sayings is, “better an uncertain justice than a certain injustice”.

We do need Scalia on the other hand to anchor things, there does need to be a tension between the drive for consistency and predictability and the drive to do justice in an individual case. There should be no absolute rigidity or flexibility.   Innovations should be cautious and wherever possible be an evolution of existing principles.  Some of those innovations will involve sourcing information.

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