If the past five years have proven anything, it has proven that our country is broken. Our people, arguably, are more divided today than they have ever been in modern history. While we have always had our divisive issues in the past (wars, tax policy, abortion, the series finale of “Lost,” “how a person can be a Cowboys fan when they have no connection to Dallas?”, etc.), our divisions were based on specific issues and, more importantly, they were focused on disagreements of opinion regarding “facts.” This was an arena, that was familiar to the litigator. Disagreements over the application of facts is the very essence of litigation.
However, recent political events and actors have introduced a dangerous new trend: the “fact deniers.” There have always been fact deniers and conspiracy theory subscribers in our country (and on our juries), but until recently they were relegated to niche chatrooms and not given any true credence by authority figures. However, what was once fringe has become mainstream, mostly because of the dangerous complicity of politicians of both ilk.
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