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(780)

According to Need: Prologue

According to Need: Prologue

The way homelessness has exploded in California over the last decade, you’d think there was no system in place to address it. But there is one -- it just wasn’t designed to help everyone. According to...

1 Joulu 202017min

According to Need coming December 1

According to Need coming December 1

According to Need is a documentary podcast in 5 chapters from 99% Invisible’s Katie Mingle that asks: What are we doing to get people into housing? Coming December 1 Subscribe to SiriusXM Podcasts+ to...

29 Marras 20202min

The Great Indoors

The Great Indoors

Emily Anthes is the author of The Great Indoors: The Surprising Science of How Buildings Shape Our Behaviour, Health and Happiness, and she notes that even before the pandemic hit, we humans spent abo...

25 Marras 202027min

Sean Exploder

Sean Exploder

As you might know, we have our own composer here at 99pi named Sean Real who works with the producers to score our episodes with original music that she writes and records right here in Oakland. She h...

21 Marras 202031min

In The Unlikely Event

In The Unlikely Event

If you’ve ever flown on a plane, you’ve been directed to study the safety briefing card in your seatback pocket. Every passenger plane, commercial or private, has to have safety cards on board. Mo Lab...

18 Marras 202030min

You've Got Enron Mail!

You've Got Enron Mail!

Enron collapsed nearly 20 years ago, but chances are something you use today was affected by emails sent by 150 of the company's top employees. These emails — about meetings and energy markets but als...

11 Marras 202031min

The Lost Cities of Geo

The Lost Cities of Geo

Geocities was an online collection of metropolises, each with their own neighborhoods built around shared interests. The city metaphor helped make a whole new group of users understand the world wide ...

3 Marras 202042min

Take a Walk

Take a Walk

During publicity interviews for The 99% Invisible City someone asked us, “What is your favorite way to experience the city?” The answer is walking. If you have nothing to do, take a walk. If you are o...

27 Loka 202033min

Suosittua kategoriassa Liike-elämä ja talous

sijotuskasti
mimmit-sijoittaa
rss-rahapodi
psykopodiaa-podcast
rss-rahamania
herrasmieshakkerit
ostan-asuntoja-podcast
rss-seuraava-potilas
rss-20-30-40-podcast
rahapuhetta
rss-inderes-femme
rss-paasipodi
rss-myynnilla-on-asiaa-kert-kenner
taloudellinen-mielenrauha
rss-sami-miettinen-neuvottelija
yrittaja
raksapodi
rss-lahtijat
rss-startup-ministerio
rss-sisalto-kuntoon