No, Joe Biden Didn’t Poop His Pants. Plus, the Supreme Court’s Fact-Checking Problem
Jun 28, 2024
auto_awesome
Judd Legum, author of Popular Information, exposes a right-wing outlet spreading false narratives about President Biden. Mark Joseph Stern discusses factual errors in a Supreme Court decision on guns. Allison Orr Larsen highlights the impact of misleading amicus briefs on Supreme Court rulings and proposes reforms for a more transparent process.
Rightwing outlets masquerading as neutral news sources influence election narratives, creating misinformation about President Biden.
Accuracy of amicus briefs is crucial in Supreme Court decisions, highlighting the need for reforms to ensure reliable factual information.
Deep dives
Amicus Briefs Influence Supreme Court Decisions
Amicus briefs play a crucial role in influencing Supreme Court decisions by providing additional information and perspectives to the justices. The rise in the number of briefs submitted to the Court has significantly increased, creating a wealth of information for justices to consider. However, this influx of briefs also introduces challenges in vetting the accuracy and reliability of the information presented, leading to potential factual errors being cited in the Court's opinions.
Impact of Faulty Factual Claims in Amicus Briefs
Faulty factual claims in amicus briefs can have far-reaching consequences, impacting the legal reasoning and justifications behind Supreme Court decisions. The reliance on inaccurate or misleading information can distort the understanding of key issues and influence the outcome of significant cases. Prominent examples, such as claims related to abortion or affirmative action, highlight the potential dangers and implications of incorporating unreliable facts into judicial decisions.
Proposed Reforms for Amicus Brief Practices
Several proposed reforms aim to address the challenges associated with amicus brief practices in the Supreme Court. Suggestions include requiring clear disclosure of funders for briefs and the studies they rely on, introducing a distinction between legal arguments and factual claims in briefs, and adjusting timelines to allow for more robust scrutiny and response to the information presented. These reforms seek to enhance transparency, accuracy, and accountability in the use of amicus briefs.
Ensuring Judicial Accountability and Fact-Checking
Ensuring judicial accountability and promoting fact-checking mechanisms are crucial steps towards upholding the integrity and accuracy of Supreme Court decisions. While the current system may lack robust fact-checking protocols, adopting measures such as early disclosure of funders, focusing on vetting factual claims, and encouraging adversarial scrutiny can enhance the reliability and credibility of information presented to the Court. Upholding rigorous standards for factual accuracy is essential in maintaining the credibility of the legal system.
Some of the most outrageous stories about President Biden are originating from a single, unverified source. On this week’s On the Media, hear about the shadowy organization that’s influencing election narratives. Plus, factual errors are at the heart of a recent Supreme Court decision. Learn how we can reform the system.
[01:00] Host Brooke Gladstone interviews Judd Legum, author of Popular Information, about how a rightwing outlet is presenting itself as a neutral news source, all the while pushing coordinated messaging about President Biden.
[18:04] Host Micah Loewinger speaks to Mark Joseph Stern, senior writer at Slate, about the factual errors in a recent Supreme Court ruling concerning guns.
[35:48] Micah interviews Allison Orr Larsen, professor of law at William and Mary, about how so many contested facts reach the highest court via amicus briefs. Plus, how to reform the so-called “amicus machine.”
On the Media is supported by listeners like you. Support OTM by donating today (https://pledge.wnyc.org/support/otm). Follow our show on Instagram, Twitter and Facebook @onthemedia, and share your thoughts with us by emailing onthemedia@wnyc.org.
Get the Snipd podcast app
Unlock the knowledge in podcasts with the podcast player of the future.
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode
Save any moment
Hear something you like? Tap your headphones to save it with AI-generated key takeaways
Share & Export
Send highlights to Twitter, WhatsApp or export them to Notion, Readwise & more
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode