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Making the Case

Making the Case

Senator Sheldon Whitehouse

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.

11 - An Odd Way to Do History
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  • 11 - 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

    Thu, 22 Feb 2024 - 25min
  • 10 - No Enforcement, No Problem?

    The Supreme Court justices seem to think so. The Court recently adopted a so-called “code of conduct,” but with no enforcement mechanism in place, it stands no chance of cleaning up bad behavior. Lisa Graves of True North Research joins Senator Whitehouse on this episode to unpack the new code and its shortfalls.


    Also on this episode, Senator Whitehouse breaks down what happened in the Senate Judiciary Committee as Republican Senators unsuccessfully rolled out every play in the book to try to prevent the committee from subpoenaing the Court’s billionaire benefactors.

     

    Follow ⁠@SenWhitehouse⁠ on Twitter, Instagram, and Facebook for all the latest updates on Making the Case, and⁠ @TheLisaGraves for more on her work to hold the powerful accountable.

    Wed, 13 Dec 2023 - 21min
  • 9 - Taking on Corporate Power

    The Consumer Financial Protection Bureau is a great example of government that works. So it’s no wonder corporate powers are rooting for its downfall.

    In this episode of Making the Case, Senator Elizabeth Warren joins Senator Whitehouse and Representative Johnson to discuss her role in creating the CFPB and the threat it now faces at the Supreme Court. This case, Consumer Financial Protection Bureau v. Community Financial Services Association of America, is a perfect example of how phony front groups and their dark money funders are attempting to use a captured Court to attack people’s ability through their government to protect themselves.

     

    For more on the CFPB, follow @SenWarren on Twitter. For the latest updates on Making the Case, follow ⁠@SenWhitehouse⁠ and @RepHankJohnson on Twitter, Instagram, and Facebook.

    Fri, 17 Nov 2023 - 27min
  • 8 - Captured Cases

    Step 1: Select the right justices for your cause. 

    Step 2: Select the right cases for those justices. 

     

    This podcast has unpacked the right-wing scheme to capture and control our nation’s highest court, but the justices sitting on the bench aren’t the only ones who have been carefully selected — the cases have been too. 

    In this episode of Making the Case, Senator Whitehouse is joined by retired federal Judge Nancy Gertner to discuss the changes in the behavior of Supreme Court justices in recent years, Judge Gertner’s work on the Presidential Commission on the Supreme Court, and ongoing Court reform efforts.


    Follow ⁠@SenWhitehouse⁠ on Twitter, Instagram, and Facebook for all the latest updates on Making the Case.

    Wed, 01 Nov 2023 - 26min
  • 7 - SCOTUS Hostility Toward Voting Rights

    The Roberts Court is an unelected body, but its recent decisions have led to more restrictions on Americans’ right to vote.  

     

    In this episode of Making the Case, Senator Whitehouse is joined again by Rep. Hank Johnson, and former Attorney General Eric Holder. They walk through the Court’s decision in Shelby County vs. Holder (yes, the same Holder on this episode), the ripple effect that decision had on voting in America, and some ways this captured Court could be un-captured.

     

    Follow @SenWhitehouse on Twitter, Instagram, and Facebook for all the latest updates on Making the Case.

    Thu, 28 Sep 2023 - 24min
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