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@krisnelson@legal.social /
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2023-07-03 18:08:43

@krisnelson@legal.social on Nostr: Unpopular take: that some facts in some Supreme Court cases are "not true" does not ...

Unpopular take: that some facts in some Supreme Court cases are "not true" does not on its own worry me much in terms of rule of #law.

In the US, appellate courts apply law to facts *as determined by lower courts*. It isn't their job to inquire into truth, plus our adversarial system puts that on the *parties*—if they don't raise the issue, appellate courts (usually) don't do it themselves.

I'm more concerned with what #SCOTUS says "the law" is (& their misuse of "facts" and history). #USpol
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