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The Gatekeeper

This week, Reporter Peter Smith and Senior Producer Matt Kielty tell the story of the U.S. Supreme Court decision that set the standard for scientific expertise in a courtroom, i.e., whether an expert can testify in a lawsuit. They also tell the story of the Daubert family — yes, the Dauberts of “Daubert v Merrell Dow” — whose win before the nine justices translated into a deeper loss. Special thanks to Leah Litman, Rachel Rebouche, Jennifer Mnookin, David Savitz, Brooke Borel, and Tom Zeller Jr. Credits: Reporting by Peter Andrey Smith. Produced by Matt Kielty. Reporting and production assistance from Sarah Qari. Fact-checking by Natalie A. Middleton. Editing by Pat Walters. Sound Design by Matt Kielty. Mixing help from Arianne Wack. Citations: If you're interested in reading more from Peter Smith, check out his work over at Undark.org Our newsletter comes out every Wednesday. It includes short essays, recommendations, and details about other ways to interact with the show. Sign up (https://radiolab.org/newsletter)! Radiolab is supported by listeners like you. Support Radiolab by becoming a member of The Lab (https://members.radiolab.org/) today. Follow our show on Instagram, Twitter and Facebook @radiolab, and share your thoughts with us by emailing [email protected], by the way, Radiolab is looking for a remote intern! If you happen to be a creative, science-obsessed nerd who is interested in learning how to make longform radio… Apply before July 20, 2022! We would LOVE to work with you. You can find more info at wnyc.org/careers.
Duration
50m
Broadcast on
15 Jul 2022
Audio Format
other

This week, Reporter Peter Smith and Senior Producer Matt Kielty tell the story of the U.S. Supreme Court decision that set the standard for scientific expertise in a courtroom, i.e., whether an expert can testify in a lawsuit. They also tell the story of the Daubert family — yes, the Dauberts of “Daubert v Merrell Dow” — whose win before the nine justices translated into a deeper loss.

Special thanks to Leah Litman, Rachel Rebouche, Jennifer Mnookin, David Savitz, Brooke Borel, and Tom Zeller Jr.

Credits: Reporting by Peter Andrey Smith. Produced by Matt Kielty. Reporting and production assistance from Sarah Qari. Fact-checking by Natalie A. Middleton. Editing by Pat Walters. Sound Design by Matt Kielty. Mixing help from Arianne Wack.

Citations: If you're interested in reading more from Peter Smith, check out his work over at Undark.org

Our newsletter comes out every Wednesday. It includes short essays, recommendations, and details about other ways to interact with the show. Sign up (https://radiolab.org/newsletter)!

Radiolab is supported by listeners like you. Support Radiolab by becoming a member of The Lab (https://members.radiolab.org/) today.

Follow our show on Instagram, Twitter and Facebook @radiolab, and share your thoughts with us by emailing [email protected].And, by the way, Radiolab is looking for a remote intern! If you happen to be a creative, science-obsessed nerd who is interested in learning how to make longform radio… Apply before July 20, 2022! We would LOVE to work with you. You can find more info at wnyc.org/careers.


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- Wait, you're listening to Radio Lab from WNYC. - All right, three, two, one. Hey, I'm Lula Miller. - I'm Lula Miller. - This is Radio Lab. - And today-- - [NON-ENGLISH SPEECH] - We have a story. - [NON-ENGLISH SPEECH] - Oh, wait, wait, wait, wait, wait. - From science journalist Peter Smith. - OK, I'm going to switch gears pretty dramatically here, because I want to start with the big case before the Supreme Court this last session. - We will hear argument this morning in case 19, 13, 92. - The abortion case. - Dobbs versus Jackson Women's Health Organization. Because something happened during the arguments that I think most people probably didn't notice. Basically-- - I would say the lawyer for Mississippi, he's arguing against abortion. And of course, the Supreme Court has already decided the issue of abortion in two previous cases. So they-- - Have you seen much more calm? - What hasn't been at issue? - They interrupt him and say, what's different now? And he says-- - Justice Sotomayor, I think-- - The science has really changed. - The last 30 years of advancements in medicine, science, all of those things. - What are the advancements in medicine? - I think it's an advancement in knowledge and concern about such things as fetal pain. What we know the child is doing and looks like and is fully human from a very early-- - And Sotomayor, she says this issue of fetal pain. - A gross minority of doctors believe fetal pain exists before 24, 25 weeks. - Like it would never make it into the courtroom. And the reason she says is because of a single word. - Daubert. - Daubert, or as it's often pronounced, Daubert. - Daubert. - Daubert. By saying this word, she's essentially pulling down the gate that stands between law and science. Now, Daubert would only play a tiny, tiny role

Transcription truncated.

This week, Reporter Peter Smith and Senior Producer Matt Kielty tell the story of the U.S. Supreme Court decision that set the standard for scientific expertise in a courtroom, i.e., whether an expert can testify in a lawsuit. They also tell the story of the Daubert family — yes, the Dauberts of “Daubert v Merrell Dow” — whose win before the nine justices translated into a deeper loss. Special thanks to Leah Litman, Rachel Rebouche, Jennifer Mnookin, David Savitz, Brooke Borel, and Tom Zeller Jr. Credits: Reporting by Peter Andrey Smith. Produced by Matt Kielty. Reporting and production assistance from Sarah Qari. Fact-checking by Natalie A. Middleton. Editing by Pat Walters. Sound Design by Matt Kielty. Mixing help from Arianne Wack. Citations: If you're interested in reading more from Peter Smith, check out his work over at Undark.org Our newsletter comes out every Wednesday. It includes short essays, recommendations, and details about other ways to interact with the show. Sign up (https://radiolab.org/newsletter)! Radiolab is supported by listeners like you. Support Radiolab by becoming a member of The Lab (https://members.radiolab.org/) today. Follow our show on Instagram, Twitter and Facebook @radiolab, and share your thoughts with us by emailing [email protected], by the way, Radiolab is looking for a remote intern! If you happen to be a creative, science-obsessed nerd who is interested in learning how to make longform radio… Apply before July 20, 2022! We would LOVE to work with you. You can find more info at wnyc.org/careers.