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Brian Lehrer: Brian Lehrer on WNYC. As we are in our 30 Issues in 30 Days election series, later on this morning, we're going to do today's episode, which is going to be on the Supreme Court. Right now, in advance, we'll call this the pretest, we have The Brian Lehrer Show pro-democracy Supreme Court quiz for today because when we do a fundraiser, when we do a membership drive week, we talk about all the serious news that we already always talk about. Yes, we're coming and asking you for money, so we figured we might as well have a little fun along the way.

The kind of fun we have is educational fun when we can, so we've developed these, what we call pro-democracy quizzes on our democracy topics of each day. If you get three in a row right, you will win a Brian Lehrer Show pro-democracy sweatshirt. Who wants to play? 212-433-WNYC on today's theme of the Supreme Court. 212-433-9692. Joan in Long Beach is ready to play. Hi, Joan, are you there?

Joan: Hi, I want to thank you for making me feel so much smarter.

Brian Lehrer: Oh, thank you. Well, I bet you're pretty smart on your own, and let's see if it applies to the Supreme Court. Is this the truth--

Joan: I know I'll embarrass myself.

Brian Lehrer: [chuckles] Is this the truth or is it a lie on my part? The Supreme Court was always comprised of nine justices. Is that the truth or am I lying to you?

Joan: That's a lie.

Brian Lehrer: That is a lie. According to supremecourt.gov, the number of justices on the Supreme Court changed six times before settling at the present total of nine, way back in 1869. That's one right. Is this the truth or is it a lie? President Abraham Lincoln appointed a 10th justice, expanding the court from nine, to help him accomplish his political goals.

Joan: I'm going to say that's a lie.

Brian Lehrer: I'm sorry, Joan, but that actually is the truth. According to the authoritative SCOTUSblog, initially, Congress provided for a six-justice court, but the expansion of the country and the addition of new federal judicial circuits prompted an increase in the court's membership. In 1863, with Congress trying to empower Lincoln and support the North's war effort, that was the goal, to support the North's war effort, Congress approved a 10th Supreme Court seat, and Lincoln made that appointment. We're going to go to Dan in Fairfield next. Hi, Dan, are you ready to play?

Dan: I'm ready, Brian. Great to be with you.

Brian Lehrer: You heard that Lincoln story. Just four years later, is this the truth or is it a lie, Congress re-shrunk the court from 10 down to just 7 justices because while they supported Lincoln, they didn't like the next guy.

Dan: These are tough, Brian, and I really need that sweatshirt.

Brian Lehrer: [chuckles] Take your best shot. You have a 50% chance if you just toss a coin.

Dan: It is a coin flip. My flip will be that that's a lie.

Brian Lehrer: Sorry, Dan, you're going to have to get the sweatshirt some other way. That is the truth, folks. Again, from SCOTUSblog, they say after the war, Congress shrunk it back to seven to limit the power of President Andrew Johnson because he opposed reconstruction. These are all examples. I say we do this for the education as much as for the fun.

These are all examples of how the size of the court has changed over time, and there were policy reasons on the part of Congress as the body that has the power to do that, not the president. We'll ask Emily Bazelon about that when she's our Supreme Court guest in this series coming up next hour. How about Danielle in Yonkers? Danielle, are you ready to play?

Danielle: I am.

Brian Lehrer: Is this the truth or is it a lie? You don't need a law degree to be appointed as a Supreme Court justice. Is that the truth?

Danielle: I'm going to say that's true.

Brian Lehrer: Believe it or not, that is true. According to their own website, supremecourt.gov, a justice does not have to be a lawyer or a law school graduate, but all justices have been trained in the law. The last justice to be appointed who did not attend any law school was James F. Byrnes. Got on the court in 1941, didn't stay very long. He did not graduate from high school and taught himself law. He did pass the bar at the age of 23. That's one right. Is this the truth or is it a lie? The plaintiff in Roe v. Wade was not actually named Roe. True or false?

Danielle: That is true.

Brian Lehrer: That is true. Her name wasn't Jane Roe. Norma McCorvey was the real name of the plaintiff in Roe v. Wade. Roe is-- they often use that to protect people's privacy and reasons like that in controversial cases. That's two in a row right. If you get this, you win a Brian Lehrer Show pro-democracy sweatshirt. Is this the truth or is it a lie? Jimmy Carter appointed Ruth Bader Ginsburg to the Supreme Court and said recently that he is sad he outlived her. Is that the truth or is it a lie?

Danielle: That is a lie.

Brian Lehrer: That is a lie. You are right. Danielle, we're going to send you a sweatshirt. It's a lie because Clinton appointed RBG to the Supreme Court. That was in 1993, not Jimmy Carter. Though, he did appoint her to the Court of Appeals earlier on back in 1980. As far as we know, he didn't make a comment about outliving her. Danielle, way to go. We're going to send you a sweatshirt, and hang on, so, of course, we can take your address off the air and take your size. All right? James is calling from Los Angeles to give this a shot. Hi, James, are you ready to play?

James: Yes. Good morning.

Brian Lehrer: Good morning. The landmark Supreme Court decision of 2010, Citizens United, enabled unlimited spending in support of political candidates. Is that the truth about what Citizens United did or is it a lie? Enabled unlimited spending in support of political candidates.

James: [crosstalk] I'm going to say it's true.

Brian Lehrer: That is true. The court gave unlimited rights to spend, not by the campaigns themselves, which could still be limited under their decision, but by people spending independently in support of candidates of their choice. All right, so that's one. Is this the truth or is it a lie? The court in that decision gave corporations the same right as people for this unlimited spending on candidates.

James: Unfortunately, that's true.

Brian Lehrer: That is true. Corporations were declared to have the same First Amendment rights as human beings in Citizens United. This one's for the sweatshirt. In the 2000 case, year 2000 of Bush v. Gore, in that post-presidential election drama, the Supreme Court helped George Bush win the election by ordering a recount of the votes in the state of Florida.

James: That is true.

Brian Lehrer: That is false, James. Sorry. They stopped a recount that was being done at Gore's request. That was the essence of the Supreme Court case in Bush v. Gore. Amy in Brooklyn, you are on WNYC. Hi, there, are you ready to play?

Amy: Hi, I think so. [chuckles]

Brian Lehrer: You are definitely ready to play. I hear the confidence sneaking through that uncertainty. Is this the truth or is it a lie? Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, has recently reversed her claims that the 2020 election was stolen from Donald Trump. Is that the truth or is it a lie she's reversed those claims?

Amy: That's false.

Brian Lehrer: That is false. In her recent closed-door testimony to the House committee investigating the January 6th attack, Ginni Thomas has been reported to have reiterated her belief in the big lie. Next question, following the Dobbs memo leak in the spring, that is the Roe v. Wade reversal case, when the memo was leaked in advance of the decision, the early draft of it, Senator Susan Collins from Maine accused Justices Kavanaugh and Gorsuch of lying to her about respecting Roe's precedent before they were confirmed. Is that the truth or is it a lie?

Amy: Senator Collins. I'm going to say that's a lie.

Brian Lehrer: That is a lie. Following the Dobbs memo leak in the spring, Senator Collins-- I'm sorry. No, no, I'm sorry. I was reading the wrong section there, but, of course, that is actually the truth. Amy, I'm sorry, that is true. Senator Susan Collins said in a statement in May, "If this leaked draft opinion is the final decision and this reporting is accurate, it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office." That's a quote from Susan Collins that appeared in The New York Times. They also reported that Senator Collins said Kavanaugh "misled her" when it came to what he would do regarding upholding Roe v. Wade. I think we have one more contestant time for. How about Roxanne in Queens? Roxanne, are you there?

Roxanne: Yes, I am. Hi, Brian.

Brian Lehrer: Hey, there. Is this the truth or is it a lie? The landmark Brown v. Board of Education ruling in 1954 said, "Schools in mostly Black neighborhoods must get equal funding to schools in mostly white neighborhoods." Was that the gist of Brown v. Board in 1954 that schools in mostly Black neighborhoods must get equal funding to schools in mostly white neighborhoods?

Roxanne: It's true.

Brian Lehrer: That is false, Roxanne, sorry to say. The landmark Brown decision said that schools could not be segregated based on race. We went through that so quickly that we're going to give one more person a shot. How about Mark in Park Slope? Mark, are you there ready to play?

Mark: I am, indeed. I was giving up, but so it goes, I'm ready.

Brian Lehrer: Staying on Brown, the justice who issued the majority opinion in Brown was Justice Thurgood Marshall. Is that the truth or is it a lie?

Mark: I'm going to say false.

Brian Lehrer: That is false.

Mark: It's a lie.

Brian Lehrer: It's a lie by me. Marshall was the lawyer who successfully argued the case. He was, of course, later appointed to the Supreme Court. Is this the truth or is it a lie? The Supreme Court first assembled in February of 1790. That year is true, but it wasn't in Washington DC, it was right here in New York City. Is that the truth or is it a lie?

Mark: That's a tough one. It may not have been either. I'm going to guess yes, it's the truth.

Brian Lehrer: That is the truth. The Supreme Court first assembled in February of 1790 in the Exchange Building here in New York, which at that time was the nation's capital. We're going to make this one a bonus question. Even if you get it wrong, I'll give you one more shot to win that sweatshirt. This is a personal question. I actually have a law degree and used to work as a paralegal before I went into radio. Is that the truth or is it a lie?

Mark: Wow. I'm going to guess that it's not true.

Brian Lehrer: That is not true. I do not have a law degree [fanfare]...a master's in public health, but it ain't a law degree. There you go, Mark, you have won a Brian Lehrer Show pro-democracy sweatshirt, so hang on and we're going to take your address and your size off the air. Thanks for playing. Everybody, thanks for playing. We're going to have Emily Bazelon to talk much more about the Supreme Court and whether it's a problem for the structure of our democracy these days, coming up later in the show, and much more to come. Stay with us.

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