The Facts, Ctd

Orin Kerr keeps asking how much the factual record matters in Perry v Schwarzenegger:

Appellate judges will naturally discount, ifnot entirely ignore, efforts to create false certainty out of unknownsby stating that they are facts. To pick an extreme example, imagineJudge Walker made a factual finding that "the defendant's position thatProp 8 is unconstitutional is incorrect." If appellate courts have todefer to everything a District Judge labels a fact, then would thatmean the appellate...