In this chapter, the author argues that fact-based constitutional judgements require special attention and need to be understood differently from ordinary judicial decisions. It offers an outline of the many ways that scientific and moral constitutional facts have a bearing on constitutional judgments, and how the latter must treat the former without undercutting democratic deliberation and going against inherently changing conditions of knowledge, in the case of scientific facts, and the plural and diverse character of moral positions in a democratic society, in the case of moral facts. The chapter also provides an in-depth examination on how scientific facts can change the law and when and how moral facts should be the subject of review when dealing with disenfranchised minorities.