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)

Play Mountain

Play Mountain

Even if you don't recognize a Noguchi table by name, you've definitely seen one. In movies or tv shows when they want to show that a lawyer or art dealer is really sophisticated, they put a Noguchi ta...

24 Huhti 201937min

The Roman Mars Mazda Virus

The Roman Mars Mazda Virus

Gimlet’s Reply All orchestrated a grand podcast crossover event to try to solve a years old bug plaguing 99% Invisible listeners that drive certain models of Mazda. You can find all the fake podcast e...

16 Huhti 201952min

Froebel's Gifts

Froebel's Gifts

In the late 1700s, a young man named Freidrich Froebel was on track to become an architect when a friend convinced him to pursue a path toward education instead. And in changing course, Froebel arguab...

9 Huhti 201923min

Three Things That Made the Modern Economy

Three Things That Made the Modern Economy

50 Things That Made The Modern Economy is a podcast that explores the fascinating histories of a number of powerful inventions and their far-reaching consequences. This week, 99% Invisible is featurin...

2 Huhti 201928min

The Many Deaths of a Painting

The Many Deaths of a Painting

When Barnett Newman’s painting Who’s Afraid of Red, Yellow and Blue III was placed in the Stedelijk museum it was meant to be provocative, but one reaction that it received was so intense, so violent,...

27 Maalis 201940min

Palaces for the People

Palaces for the People

Social Infrastructure is the glue that binds communities together, and it is just as real as the infrastructure for water, power, or communications, although it's often harder to see. But Eric Klinenb...

19 Maalis 201944min

Classic Cartoon Sound Effects!

Classic Cartoon Sound Effects!

Cartoon sound effects are some of the most iconic sounds ever made. Even modern cartoons continue to use the same sound effects from decades ago. How were these legendary sounds made and how have they...

12 Maalis 201927min

The Known Unknown

The Known Unknown

The tradition of the Tomb of the Unknowns goes back only about a century, but it has become one of the most solemn and reverential monuments. When President Reagan added the remains of an unknown serv...

6 Maalis 201945min

Suosittua kategoriassa Liike-elämä ja talous

sijotuskasti
mimmit-sijoittaa
rss-rahapodi
psykopodiaa-podcast
rss-rahamania
rss-seuraava-potilas
pomojen-suusta
taloudellinen-mielenrauha
ostan-asuntoja-podcast
rss-lahtijat
rss-20-30-40-podcast
rahapuhetta
rss-sisalto-kuntoon
herrasmieshakkerit
rss-bisnesta-bebeja
rss-karon-grilli
rss-draivi
juristipodi
rss-inspiroivat-naiset
rss-siksi-viestinta