Leah Litman

And one of those factors relates to this greenhouse effect that you just alluded to. So the greenhouse effect refers to This idea that once Republican presidents appointed Republican justices to the Supreme Court, they drifted left because they would read news coverage about them.

And again, because the median person in the country doesn't think women should be stripped of rights, doesn't actually think the mega rich should control politics, when the Republican justices would write those things and opinions, they would be criticized. And they didn't like that. And so they would drift left.

And again, because the median person in the country doesn't think women should be stripped of rights, doesn't actually think the mega rich should control politics, when the Republican justices would write those things and opinions, they would be criticized. And they didn't like that. And so they would drift left.

And the greenhouse effect was named for former New York Times Supreme Court reporter Linda Greenhouse. So they created their own ecosystem, like the Federalist Society, that would provide the justices with affirmation for doing Republican things. So they got some validation and affirmation. And they basically had built-in fans, for lack of a better word.

And the greenhouse effect was named for former New York Times Supreme Court reporter Linda Greenhouse. So they created their own ecosystem, like the Federalist Society, that would provide the justices with affirmation for doing Republican things. So they got some validation and affirmation. And they basically had built-in fans, for lack of a better word.

They built this echo chamber and that's part of it.

They built this echo chamber and that's part of it.

I still think there is considerable reluctance to do so. I think people tend to gravitate toward focusing on the differences between the Republican appointees. So we are fed a constant stream of stories about, oh, my gosh, Amy Coney Barrett has not voted with the other Republican appointees in every single case. Doesn't this prove that she is, in fact, a big supporter?

I still think there is considerable reluctance to do so. I think people tend to gravitate toward focusing on the differences between the Republican appointees. So we are fed a constant stream of stories about, oh, my gosh, Amy Coney Barrett has not voted with the other Republican appointees in every single case. Doesn't this prove that she is, in fact, a big supporter?

secret liberal and the court is super moderate. No, in fact, it does not. And I think people also who are part of the legal profession want to believe that the Supreme Court, the law, the legal profession is different than politics. It's something special. It requires some specialized training. And it does in some respects.

secret liberal and the court is super moderate. No, in fact, it does not. And I think people also who are part of the legal profession want to believe that the Supreme Court, the law, the legal profession is different than politics. It's something special. It requires some specialized training. And it does in some respects.

But the reality is how the court is operating now can be explained with reference to politics and ideology and trying to report on Supreme Court decisions and litigation without doing so is borderline malpractice at this point.

But the reality is how the court is operating now can be explained with reference to politics and ideology and trying to report on Supreme Court decisions and litigation without doing so is borderline malpractice at this point.

You know, I don't know where to start with that. You know, I could remind you or ask you to remind all of the people that were saying that about Neil Gorsuch that in the last few weeks, Neil Gorsuch looked at the book called Pride Puppy and insisted it had bondage workers and sex workers, when in fact, all it had was a woman in a leather jacket at a pride parade.

You know, I don't know where to start with that. You know, I could remind you or ask you to remind all of the people that were saying that about Neil Gorsuch that in the last few weeks, Neil Gorsuch looked at the book called Pride Puppy and insisted it had bondage workers and sex workers, when in fact, all it had was a woman in a leather jacket at a pride parade.

So maybe not such a legal super genius, or maybe he can't read. I don't know. But as to like... Why people want to continue to insist that, no, this isn't just political. You know, doing the podcast and studying the court has given me insight into the minds of Sam Alito and Neil Gorsuch, and those are really dark, bleak places.

So maybe not such a legal super genius, or maybe he can't read. I don't know. But as to like... Why people want to continue to insist that, no, this isn't just political. You know, doing the podcast and studying the court has given me insight into the minds of Sam Alito and Neil Gorsuch, and those are really dark, bleak places.

I don't know that I have as firm a grasp on why the legal commentariat or legal profession sticks to this idea that we shouldn't explain the court and its decisions and its reasoning in terms of politics or ideology. Some of it comes from, for people in the media, a desire to appear unbiased and to do both sides. I think some of it comes from people in the legal profession.

I don't know that I have as firm a grasp on why the legal commentariat or legal profession sticks to this idea that we shouldn't explain the court and its decisions and its reasoning in terms of politics or ideology. Some of it comes from, for people in the media, a desire to appear unbiased and to do both sides. I think some of it comes from people in the legal profession.

Again, a desire to lean on this idea that there is a specialized training and expertise, which again, I can see there is, but they want that to matter more than politics when we need to acknowledge both.