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(777)

DIY Space Suit

DIY Space Suit

Cameron Smith is building a space suit in his apartment. He’s not an astronaut. He’s not even an engineer. Cameron Smith is an archaeologist–on faculty in the anthropology department at Portland State...

3 Joulu 201312min

Future Screens are Mostly Blue

Future Screens are Mostly Blue

We have seen the future, and the future is mostly blue. Or, put another way: in our representations of the future in science fiction movies, blue seems to be the dominant color of our interfaces with ...

21 Marras 201319min

Unbuilt

Unbuilt

There is an allure in unbuilt structures: the utopian, futuristic transports, the impossibly tall skyscrapers, even the horrible highways, all capture our imagination with what could have been. Whethe...

13 Marras 201319min

Revolving Doors

Revolving Doors

The story goes like this: Theophilus Van Kannel hated chivalry. There was nothing he despised more than trying to walk in or out of a building, and locking horns with other men in a game of “oh you fi...

6 Marras 201314min

All the Buildings

All the Buildings

I love those moments when you’re walking in your neighborhood and suddenly nothing is familiar. In a good way. Sean Cole began seeing his neighborhood, actually the whole city of New York, with new ey...

29 Loka 201317min

Kickstart Season 4 of 99% Invisible- Weekly Episodes

Kickstart Season 4 of 99% Invisible- Weekly Episodes

99% Invisible started as a side project I made in my bedroom at night, and after two years of making the program, I turned to Kickstarter to see if I should keep it going. To my great surprise, the Se...

23 Loka 20133min

Wild Ones Live

Wild Ones Live

We have one cardinal rule on 99% Invisible: No cardinals. Meaning, we deal with the built world, not the natural world. So, when I read Jon Mooallem’s brilliant book, Wild Ones: A Sometimes Dismaying,...

14 Loka 201330min

Strowger and Purple Reign Redux

Strowger and Purple Reign Redux

If you are an undertaker in 1878 Kansas City, and you learn that your competitor’s wife works as a telephone switchboard operator and has been diverting business calls meant for you to her husband, yo...

2 Loka 201322min

Suosittua kategoriassa Liike-elämä ja talous

sijotuskasti
mimmit-sijoittaa
rss-rahapodi
psykopodiaa-podcast
rss-rahamania
ostan-asuntoja-podcast
juristipodi
rss-seuraava-potilas
pomojen-suusta
taloudellinen-mielenrauha
rss-sami-miettinen-neuvottelija
leadcast
yrittaja
rss-lahtijat
rss-myyntikoulu
rss-sisalto-kuntoon
oppimisen-psykologia
rss-h-asselmoilanen
rss-bisnespaiva
rss-paasipodi