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October 8, 2025

Are judges good historians?

Judges decide cases. Parties come to judges to resolve their disagreements. Some of those disagreements are about matters of fact (“what happened?”), and some of those disagreements are about matters of law (“what should have happened?”). “What happened” is a question about an event that occurred in the past. “What should have happened” is a question about a rule that existed in the past and was established even further in the past.

Read more at SCOTUSblog

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