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(769)

Galloping Gertie

Galloping Gertie

Even during the construction of the original Tacoma Narrows Bridge, the deck would go up and down by several feet with the slightest breeze. Construction workers on the span chewed on lemon wedges to stop their motion sickness. They nicknamed … Continue reading → 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.

18 Huhti 201212min

The Arsenal of Exclusion

The Arsenal of Exclusion

“Cities exist to bring people together, but cities can also keep people apart” – Daniel D’Oca, Urban Planner, Interboro Partners. Cities are great. They have movement, activity and diversity. But go to any city and it’s pretty clear, a place … Continue reading → 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.

3 Huhti 201211min

DeafSpace

DeafSpace

The acoustics of a building are a big concern for architects. But for designers at Gallaudet University in Washington, DC, it’s the absence of sound that defines the approach to architecture. Gallaudet is a university dedicated to educating the deaf … Continue reading → 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.

22 Maalis 201212min

Queue Theory and Design

Queue Theory and Design

In the US, it’s called a line. In Canada, it’s often referred to as a line-up. Pretty much everywhere else, it’s known as a queue. My friend Benjamen Walker is obsessed with queues. He keeps sending me YouTube clips of … Continue reading → 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.

9 Maalis 201210min

The Bathtubs or the Boiler Room

The Bathtubs or the Boiler Room

“I have this habit of walking into any door that’s unlocked…You start poking around, going into doors…you find the coolest things…” -Andrea Seabrook, NPR Congressional Correspondent In the eight years Andrea Seabrook has been reporting on Congress, she has made … Continue reading → 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.

26 Helmi 201211min

US Postal Service Stamps

US Postal Service Stamps

Somebody might be able to do a great painting that’s 20 x 30 inches, but you take that down to 1 x 1.5 inches, and it’s a challenge to make it work. -Ethel Kessler, Art Director for USPS Stamp Services … Continue reading → 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.

10 Helmi 201212min

Vulcanite Dentures

Vulcanite Dentures

Before the 1850s, dentures were made out of very hard, very painful and very expensive material, like gold or ivory. They were a luxury item. The invention of Vulcanite hard rubber changed everything. It was moldable, it could be precisely … Continue reading → 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.

27 Tammi 20129min

Immersive Ideal

Immersive Ideal

Beauty Pill is band I really like from Washington DC. They have released two EPs (The Cigarette Girl From the Future and You Are Right to be Afraid) and their last album, The Unsustainable Lifestyle, came out in 2004. In … Continue reading → 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.

18 Tammi 201212min

Suosittua kategoriassa Liike-elämä ja talous

sijotuskasti
mimmit-sijoittaa
psykopodiaa-podcast
rss-rahapodi
ostan-asuntoja-podcast
rss-lahtijat
pomojen-suusta
taloudellinen-mielenrauha
oppimisen-psykologia
rahapuhetta
sijoituspodi
rss-seuraava-potilas
kasvun-kipuja
rss-viisas-raha-podi
rss-neuvottelija-sami-miettinen
io-techin-tekniikkapodcast
sijoitusovi-podcast
rss-uskalla-yrittaa
rss-h-asselmoilanen
rss-merja-mahkan-rahat