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Who Finds the Facts

Duncan Hosie, Fellow at Stanford Law School,, offers this powerful critique in the Atlantic of the Supreme Court’s decision this week to allow President Trump’s Administration to proceed, for now, with its assault on mail-in voting. Hosie’s broader point, with significance for all of us trying to explain to students how our legal system finds facts, is that the Court has set aside careful fact-finding conclusions set forth in district court opinions in favor of the Court’s own ideological assessments of how the world works. It’s a sobering read.


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