David Hodas, Widener University, Delaware Law School, is publishing The Laws of Science, Constitutional Law, and the Rule of Law in volume 22 of the Widener Law Review (2015). Here is the abstract.
This article seeks to answer a basic question: Do the Declaration of Independence and the Constitution require lawmakers and judges to adhere to the fundamental laws of science? I think, as you will see, that Thomas Jefferson, John Adams, Benjamin Franklin, and James Madison would unhesitatingly say yes. Can our society and system of government and the rule of law be stable, successful, and just without adherence to the fundamental principles of nature revealed by science? I suggest that our history has shown it cannot be and that this question is as relevant today as when the Constitution was drafted in 1787. This article examines whether governmental decisions that ignore the laws of science and scientific fact are unconstitutional.Download the article from SSRN at the link.