Corti distrettuali e Corte suprema degli Stati Uniti dinanzi alle evidenze scientifiche e fattuali: tendenze recenti

Abstract

The U.S. Federal Courts before the scientific and factual evidence. Recent trends - The paper investigates the approach of the U.S. federal district courts and the U.S. Supreme Court towards factual and scientific evidence through the analysis of a sample of judgements, released during the health emergency and once the crisis is over. On the one hand, it concentrates on the judges’ attitude toward technical knowledge and science in solving complex issues. On the other hand, given the district courts’ competence as fact-finders and the Supreme Court’s deferential scrutiny of the trial courts’ factual findings, the paper examines whether this pattern is still current. Generally, if the federal district courts are standing in continuity with tradition, the Supreme Court is twisting some of the cornerstones of the U.S. legal system.

Keywords: Facts; Expertise; Scientific evidence; Reasoning; District courts; Supreme Court