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Cato Daily Podcast

Are Libertarians Too Influential in Federal Court Decisions?

Mar 15, 2021
Sheldon Whitehouse believes that libertarian legal scholars have undue influence on judges and proposes changes to their engagement with the judiciary. Ilya Shapiro comments on the influence of libertarian legal scholars. They discuss the impact of Cato's MECUS program, mandated disclosures, and the tension between disclosure and free speech.
10:52

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Quick takeaways

  • Senator Whitehouse believes libertarian legal scholars have too much influence in federal court decisions.
  • Cato Institute's amicus program aims to influence both specific cases and public opinion through accessible briefs.

Deep dives

Senator Whitehouse's Beliefs on the Federal Judiciary

Senator Sheldon Whitehouse believes that conservative, originalist, and libertarian judges and legal scholars hold too much power in the federal judiciary. He attributes this power to the influence of so-called dark money, and has proposed legislation to require more disclosure of funding sources, travel by judges, and connections between organizations like the Cato Institute and the federal judiciary.

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