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Is There a Daubert Challenge in the Abortion Case?
I think about this a lot because it is what I write about and at one point I was writing a paper about the way the Supreme Court was dealing with all this evidence in the abortion context. The Daubert standard as well as cross-examination is a very poor way of actually keeping quote-unquote bad science out of the courts there's been lots of contestation around DNA evidence, eyewitness testimony or fingerprint evidence. Even where a claim could be framed as a sort of question of evidence or epidemiology or public health or courts are still going to let's say operation outcry in the case of car he can saw us rather than saying okay what is the actual epidemiology on mental health