Senator Sheldon Whitehouse
@senatorwhitehouse·303K subscribers·2.2K videos
An Odd Way to Do History
Posted
March 28, 2025
Views
1,058
Likes
10
Engagement
0.95%
March 28, 2025
1,058
10
0.95%
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25:14Now PlayingWelcome 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 factfinding 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 factfinding expeditions broke traditional rules to render decisions agreeable to the Court’s rightwing, specialinterest 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 ()
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