Justice Scalia scored a (laughter.) in J.D.B. v. North Carolina with this exchange about whether we need empirical data to show that childrencloser to adulthood act more like adults.
MS. BLACKMAN: What we are talking about here is relative youngness and relative oldness. I mean, the empirical data demonstrates to us that the older a child is to an adult, the more adult-like they are. The younger, the farther away they are from that adult standard
-JUSTICESCALIA: We need empirical data for that?
MS. BLACKMAN: Excuse me?
JUSTICE SCALIA: We need empirical data for that?
MS. BLACKMAN: Empirical data does exist
.JUSTICE SCALIA: To show that –
MS.BLACKMAN: I’m simply pointing that out.
JUSTICE SCALIA: — the closer to adulthood a child is, the more like an adult he is?(Laughter.)
MS. BLACKMAN: I’m simply pointing out that the empirical data supports that. There are bases of knowledge from which -12