The Texas Court of Criminal Appeals, responding to petitions filed by a local attorney, Jeff Blackburn, and lawyers from the NAACP Legal Defense and Educational Fund, has sent a number of the cases back to the trial court for additional fact-finding.
The SEC's attempted fix in 2017 to retroactively ratify the appointment of its ALJs in about 100 pending proceedings, including opening of their records for additional fact-finding and argument has not been tested, but will certainly be challenged if not changed.
The DC Circuit Court of Appeals, however, concluded that subsequent decisions pertaining to other detainees "cast serious doubt" on that formula, and ruled to vacate the district court's decision, remanding the Slahi case for additional fact-finding.
Except now he seems open to the idea for "additional fact-finding," which means he'd be willing to give UT an opportunity to present more evidence of how the school's current admissions program is constitutional.
Based on the argument, which is an imperfect predictor, the most likely scenario may be a 5-3 ruling keeping the temporary stay of the law in place and sending the case back to the lower courts for additional fact finding on the effects of the law.
For instance, the Special Theory of Relativity appears to be more faithful to the facts and therefore more objective than Newtonian mechanics because it reduces, for low speeds, to the latter, and it accounts for some additional facts that are not predicted correctly by Newtonian mechanics.
UPDATE: Check out this blog by the President of Planned Parenthood Action Fund, Cecile Richards, for some additional facts about the Indiana legislation and its impact on women in that state.
Absent additional facts for believing the informant's report, his assertion stands no better than the oath of the officer to the same effect.
Social media does also have the power to bring about additional facts for a more informed discussion.
