Finally, even when courts do attempt to find the relevant legislative facts
on their own, they do so without the benefit of processes that will help ensure that those facts are accurate and properly applied.
When a court or an agency develops law or policy, it is acting legislatively; the courts have created the common law through judicial legislation, and the facts which inform the tribunal's legislative judgment are called legislative facts
Our courts have historically considered the writings and studies of social science experts on legislative facts
, with or without introduction into the record below, and with or without consideration by the trial court.
The court held, inter alia, that the plaintiffs failed to meet their burden of proving that "the legislative facts
on which the classification is apparently based could not reasonably be conceived to be true by the government decisionmaker.
The ruling shone a spotlight on the methods, or lack thereof, that the Court employs in receiving evidence and resolving disagreements about questions of legislative facts
in constitutional cases.
the Court holds that such matters are legislative facts
Curiously, what McCombs had originally described as unreliable evidence now seems to support his conclusions about the legislative facts
of the case.
Indeed, the Court has stated that Congress need not make any actual determinations about such legislative facts
1261, 126364 (1998) ("[T]he extent to which the Court believes that it should accept legislative facts
in First Amendment cases varies dramatically.
Very few of those factors apply to the Supreme Court's assertions of legislative facts
Before addressing the conscious/unconscious question, however, it must be asked whether this argument is not too cute by half--whether it confuses adjudicative facts with legislative facts
when only the former need be accorded a presumption of truth for Rule 12(b)(6) purposes.
The Supreme Court's review of legislative facts
found by Congress can make all the difference between enjoying a constitutional right and losing it.