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)

The Pruitt-Igoe Myth

The Pruitt-Igoe Myth

The Pruitt-Igoe housing project in St. Louis became most famous at the moment of its demise. The thirty-three high-rise towers built in the 1950’s were supposed to solve the impending population crisis in inner city St. Louis. It was supposed … 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.

6 Tammi 201211min

Accidental Music of Imperfect Escalators

Accidental Music of Imperfect Escalators

“There’s a secret jazz seeping from Washington’s aging Metro escalators – those anemic metal walkways that fill our transit system…they honk and bleat and squawk…why are you still wearing those earbuds?” -Chris Richards, “Move along with the soundtrack of Metro’s … 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.

19 Joulu 20117min

Recognizably Anonymous

Recognizably Anonymous

Anonymous is not group. It is not an organization. Rob Walker describes Anonymous as a “loosely affiliated and ever-changing band of individuals who… have been variously described as hackers, hacktivists, free-expression zealots, Internet troublemakers, and assorted combinations thereof.” But when … 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 Joulu 201111min

The Human-Human Interface

The Human-Human Interface

Paola Antonelli is the Senior Curator in the Department of Architecture and Design at the Museum of Modern Art. Her most recent blockbuster show, Talk to Me, explored the communication between people and objects: from chairs that talk to subway … 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 Joulu 20115min

Billy Possum

Billy Possum

It’s totally unfair. Hydrox cookies came out four years before the introduction of Oreos, but Hydrox could never shake the image that it was a cheap knock-off, an also-ran. As a consumer product, it’s completely out of your hands if … 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.

23 Marras 201112min

The Biography of 100,000 Square Feet

The Biography of 100,000 Square Feet

United Nations Plaza sits in the center of San Francisco. Most people consider it a complete failure as a public space. Its central feature, at the entrance of the plaza, is a unique fountain that was designed by Lawrence Halprin … 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 Marras 201131min

Darth Vader Family Courthouse

Darth Vader Family Courthouse

It’s hard to imagine a place where more desperate and depressing drama unfolds on a daily basis than a family courthouse- custody battles, abuse, divorce- and if you were to design a place to reflect and amplify that misery, not … 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.

28 Loka 20118min

Sound of Sport

Sound of Sport

If Dennis Baxter and Bill Whiston are doing their job right, you probably don’t notice that they’re doing their job. But they are so good at doing their job, that you probably don’t even know that their job exists at … 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.

13 Loka 20115min

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