Fact Checking the Supreme Court
99% Invisible4 Jun 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.

Denne episoden er hentet fra en åpen RSS-feed og er ikke publisert av Podme. Den kan derfor inneholde annonser.

Episoder(819)

100 Objects #14: Basketball Sleeve

100 Objects #14: Basketball Sleeve

Producer and reporter Ramtin Arablouei (co-creator of the NPR show, Throughline) has a simple question: why are so many NBA players wearing a compression sleeve on their arm? It seems like everyone ha...

21 Aug 41min

The Bone Wars

The Bone Wars

Two rival paleontologists turn a hunt for dinosaur bones into an all-out scientific war. Subscribe to SiriusXM Podcasts+ to listen to new episodes of 99% Invisible ad-free and a whole week early. Star...

18 Aug 44min

100 Objects #13: The Sand Letters

100 Objects #13: The Sand Letters

This episode is sponsored by Claude. For problems worth solving, get started with Claude at Claude.ai. On his deathbed, President Chester Arthur ordered that all of his personal and professional paper...

14 Aug 48min

Bamboo Is Innocent

Bamboo Is Innocent

A devastating fire put one of Hong Kong's oldest building traditions on trial, but the real story runs much deeper. Subscribe to SiriusXM Podcasts+ to listen to new episodes of 99% Invisible ad-free a...

11 Aug 32min

100 Objects #12: "Negro Cloth"

100 Objects #12: "Negro Cloth"

In 1821, two Rhode Island brothers went looking for buyers for their woolen fabric, and stumbled into a lucrative, captive market: Southern slave plantations. Roman Mars and historian Seth Rockman tra...

7 Aug 37min

The Borrowed Nature of Biomimicry

The Borrowed Nature of Biomimicry

Behind every perfect nature-inspired design is a far more complicated story. Subscribe to SiriusXM Podcasts+ to listen to new episodes of 99% Invisible ad-free and a whole week early. Start a free tri...

4 Aug 31min

100 Objects #11: Brannock Device

100 Objects #11: Brannock Device

In 1925, the world saw the birth of what just might be the greatest gadget in American History: the Brannock Device. The metal contraption transformed the way we measure feet forever, and more than a ...

31 Jul 27min

The Finnish Baby Box

The Finnish Baby Box

A simple cardboard box helped transform Finland into one of the best places in the world to raise a child. Subscribe to SiriusXM Podcasts+ to listen to new episodes of 99% Invisible ad-free and a whol...

28 Jul 33min

Populært innen Business og økonomi

stopp-verden
dine-penger-pengeradet
lydartikler-fra-aftenposten
rss-penger-polser-og-politikk
e24-podden
rss-borsmorgen-okonominyhetene
rss-skravla-gar
utbytte
lederpodden
rss-pa-konto
livet-pa-veien-med-jan-erik-larssen
rss-orjasater
finansredaksjonen
tid-er-penger-en-podcast-med-peter-warren
morgenkaffen-med-finansavisen
pengepodden-2
stormkast-med-valebrokk-stordalen
liberal-halvtime
rss-markedspuls-2
rss-kron-podden