An Odd Way to Do History

Welcome to the new ‘wild, wild west’ of Supreme Court false fact-finding! (WANTED: A Supreme Court that doesn’t abuse the fact-finding process to reach the results it wants.) In this episode of Making the Case, Senator Whitehouse is joined by Professor Allison Orr Larsen, an expert on judicial fact-finding at the William and Mary Law School. Some of the Supreme Court’s worst decisions, like Citizens United and Shelby County, got to their results by making stuff up. Following Senator Whitehouse’s recent article in the Ohio State Law Review, this episode unpacks how the Supreme Court‘s false fact-finding expeditions broke traditional rules to render decisions agreeable to the Court’s right-wing, special-interest benefactors.   Follow ⁠@SenWhitehouse⁠ on Twitter, Instagram, and Facebook for all the latest updates on Making the Case. To read more from Professor Allison Orr Larsen, see the links below.  Factual Precedents - Pennsylvania Law Review The Trouble with Amicus Facts - Virginia Law Review

Om Podcasten

For years, Senator Sheldon Whitehouse of Rhode Island has been unmasking the scheme to capture and control the Supreme Court — or as he calls it, “The Court That Dark Money Built.” Now, this effort is hitting a new platform. In Making the Case, each episode uncovers a different component of the scheme. Whether you’re an avid Court watcher, or just tuning in to the ongoing crises at the Court, we hope you’ll join as we make the case.