Fact Checking the Supreme Court
99% Invisible4 Kesä 2024

Fact Checking the Supreme Court

For a long time, the Court operated under what was called Legal Formalism. Legal formalism said that the job of any judge or justice was incredibly narrow. It was to basically look at the question of the case in front of them, check that question against any existing laws, and then make a decision. Unlike today, no one was going out of their way to hear what economists or sociologists or historians thought. Judges were just sticking to law books. The rationale for this way of judging was that if you always and only look at clean, dry law the decisions would be completely objective.

In the late 19th, early 20th century a movement rose up to challenge legal formalism. They called themselves the legal realists. Fred Schauer, professor of law at University of Virginia, says the Realists felt that the justices weren’t actually as objective as they said they were. "Supreme Court justices were often making decisions based on their own political views, their own economic views, and would disguise it in the language of precedence or earlier decisions," says Schauer. The realists said lets just accept that reality and wanted to arm the judges with more information so those judges could make more informed decisions.
For a long time the debate between realists and formalists had been mostly theoretical. That is until the arrival of the Brandeis Brief. The Brandeis brief came during a pivotal court case in the early 20th century. And the man at the center of that case was a legal realist and progressive reformer named Louis Brandeis.

Fact Checking the Supreme Court

Subscribe to SiriusXM Podcasts+ to listen to new episodes of 99% Invisible ad-free and a whole week early.

Start a free trial now on Apple Podcasts or by visiting siriusxm.com/podcastsplus.


Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Jaksot(783)

Vuvuzela

Vuvuzela

The vuvuzela is a two foot long injection-molded plastic horn. It only plays one note: a B flat. And it gradually became a regular feature of South African soccer. But prior to the 2010 World Cup, the...

11 Loka 202232min

Wickedest Sound

Wickedest Sound

Jamaica is famous around the world for its music, including genres like ska, dub, and reggae. It’s tempting to think that the powerful amplifiers and giant speakers at the dance parties were designed ...

4 Loka 202242min

Tale of the Jackalope

Tale of the Jackalope

The magical mythical "jackalope" is a essentially a horned rabbit, with antlers of different sizes and shapes. The jackalope is a mascot of the American West – inspiring an absolute river of trinkets ...

28 Syys 202234min

President Clinton Interviews Roman Mars

President Clinton Interviews Roman Mars

On this special feature episode, President Bill Clinton interviews 99% Invisible host and creator Roman Mars.Roman Mars has spent his career chronicling these bits of human ingenuity that we so often ...

20 Syys 202249min

Search and Ye Might Find

Search and Ye Might Find

Adam Rogers has been thinking and writing about what’s known in the industry simply as "search." For the last decade, people have been grumbling about not being able to find things online, both in our...

14 Syys 202236min

Monumental Diplomacy

Monumental Diplomacy

In downtown Windhoek, Namibia -- at the intersection of Fidel Castro Street and Robert Mugabe Avenue -- there's an imposing gold building with an affectionate nickname: the Coffee Maker. This notable ...

6 Syys 202236min

First Errand

First Errand

Back in March, Netflix picked up a long running Japanese TV program based on a children’s book from the 1970s. The show is called Old Enough, but the name of the original Japanese program translates t...

30 Elo 202228min

Bleep!

Bleep!

There's a particular one-kilohertz tone that is universally understood to be covering up inappropriate words on radio and TV. But there are other options, too, like silence -- so why did this particul...

23 Elo 202231min

Suosittua kategoriassa Liike-elämä ja talous

sijotuskasti
mimmit-sijoittaa
rss-rahapodi
psykopodiaa-podcast
herrasmieshakkerit
rss-lahtijat
leadcast
rahapuhetta
rss-seuraava-potilas
ostan-asuntoja-podcast
inderespodi
rss-rahamania
rss-porssipuhetta
rss-laakispodi
rss-vaikuttavan-opettajan-vierella
rss-karon-grilli
rss-juurisyy-johtamisesta-kilpailuetua
rss-40-ajatusta-aanesta
rss-porssipodi
rss-johtoajatuksia