The Scheme 29: Fake Facts and "Knight-Errantry" at the Supreme Court - Senator Sheldon Whitehouse [View all]

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March 6 - Senator Sheldon Whitehouse (D-RI), Chairman of the Senate Judiciary Courts Subcommittee, delivers the twenty-ninth in a series of speeches titled “The Scheme,” exposing the machinations by right-wing donor interests to capture the Supreme Court and achieve through the Court what they cannot through the elected branches of government.

Whitehouse details the findings of his latest law review article, entitled “Knights-Errant: The Roberts Court and Erroneous Fact-Finding.” Whitehouse’s article sheds light on the Court’s propensity for relying on extra-record – and often false – facts that lend advantage to Republican or corporate special interests. The article details bogus and uncorrected facts in Supreme Court decisions, explains their consequences in disrupting settled precedents, and explores actions the judicial and legislative branches could take to ensure the Court cleans up factual errors and kicks its fact-finding habit.