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)

Mooallempalooza

Mooallempalooza

As you probably know, 99% Invisible is a show about the built world, about things manufactured by humans. We don’t tend to do stories about animals or nature. But our friend Jon Mooallem writes brilli...

31 Joulu 201441min

Octothorpe

Octothorpe

If you want to follow conversation threads relating to this show on social media—whether Twitter, Facebook, or Instagram, Tumblr—you know to look for the hashtag: #99pi. In our current digital age, th...

17 Joulu 201414min

There Is A Light That Never Goes Out

There Is A Light That Never Goes Out

Hanging in the garage of Fire Station #6 in Livermore, California, there’s a small, pear-shaped light bulb. It is glowing right now. This lightbulb has been glowing, with just a couple of momentary in...

10 Joulu 201412min

Inflatable Men

Inflatable Men

You see them on street corners, at gas stations, at shopping malls. You see them at blowout sales and grand openings of all kinds. Their wacky faces hover over us, and then fall down to meet us, and t...

3 Joulu 201414min

And The Winner Is

And The Winner Is

There’s a little trophy shop called Aardvark Laser Engraving  down the street from our office in Oakland. Its small but bustling, and its windows are stuffed to the brim with awards made of all kinds ...

26 Marras 201413min

Three Records from Sundown

Three Records from Sundown

This week on the show we’re presenting one of our favorite radio features, “Three Records from Sundown,” about singer Nick Drake. The documentary, by producer Charles Maynes, retraces the roots of Dra...

19 Marras 201429min

Vexillonaire

Vexillonaire

Vexillologists—those who study flags—tend to fall into one of two schools of thought. The first is one that focuses on history, category, and usage, and maintains that vexillologists should be scholar...

12 Marras 201411min

Edge of Your Seat

Edge of Your Seat

“A Chair is a difficult object. A skyscraper is almost easier.” — Mies van der Rohe. The chair presents an interesting design challenge, because it is an object that disappears when in use. The person...

4 Marras 201414min

Suosittua kategoriassa Liike-elämä ja talous

sijotuskasti
mimmit-sijoittaa
rss-rahapodi
psykopodiaa-podcast
rss-rahamania
herrasmieshakkerit
rss-seuraava-potilas
ostan-asuntoja-podcast
rss-20-30-40-podcast
rahapuhetta
rss-lahtijat
rss-inderes-femme
rss-myynnilla-on-asiaa-kert-kenner
pomojen-suusta
rss-inderes
rss-draivi
rss-strategian-seurassa
rss-porssipuhetta
rss-startup-ministerio
rss-bisnesta-bebeja