Facts or Philosophy: Which Should Drive Court Decisions?

In the now much celebrated and talked about decision of Roman Catholic Diocese of Brooklyn v. Cuomo, 2020 U.S. LEXIS 5708, the facts seem to be more important than acknowledged by all of the self-made commentators rushing to judgment.

January 14, 2021 at 11:34 AM

7 minute read

Cliff Rieders

Lawyers are fond of saying "bad facts make for bad law." Presumably, therefore, good facts should make for good law. Putting aside the humble, tired cliché phrases, every experienced lawyer knows that ultimately philosophical prerogative is driven by factual underpinnings. At the very least, we should approach our cases as though the facts matter.