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

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Not Built For This #1: The Bottom of the Bowl

Not Built For This #1: The Bottom of the Bowl

Reporter Emmett Fitzgerald was used to hearing people call his home state of Vermont a “climate haven.” But last summer, he got a wake up call in the form of a devastating flood.All throughout the United States, people are watching the places they love change in unpredictable and scary ways. Places that once felt safe are starting to feel risky. Places that already felt risky are starting to feel downright dangerous. And as the climate continues to change, people are being forced to make impossible decisions about how to live, and where to live, in an increasingly unstable and unfamiliar world.This is a series about climate change and how we prepare for the extremely bumpy ride ahead of us. Because right now we’re all living in a world that was just Not Built for This. Not Built For This is a 6-part mini-series from 99% Invisible, with new episodes on Tuesdays and Fridays in the 99% Invisible feed. Listen wherever you get your podcasts. 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.

20 Elo 202428min

The Power Broker #8: Shiloh Frederick

The Power Broker #8: Shiloh Frederick

This is the eighth official episode, breaking down the 1974 Pulitzer Prize winning book, The Power Broker by our hero Robert Caro. This week, Roman Mars and Elliott Kalan sit down with Shiloh Frederick. Born and raised in New York City, Shiloh is a writer and influencer who shares her love of the city’s history and architecture on Instagram and TikTok. Last year, she chronicled her rather ambitious plan to read The Power Broker in 30 days, and her viral videos about her endeavor ended up making some real change in the city.Elliott and Roman also cover the second section of Part 6 (Chapter 33 through Chapter 34), discussing the major story beats and themes.The Power Broker #08: Shiloh FrederickJoin the discussion on Discord and Reddit. 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.

16 Elo 20242h 12min

Side Projects

Side Projects

This week we're highlighting a couple of series that live inside the 99pi production tent.We’ve got a preview of a new miniseries for you called Not Built for This, created and hosted by Emmett FitzGerald. It's a show about climate change, but not in the way you might think. It's about how the complex systems that govern our lives are not designed for the tectonic changes that are coming our way. Because right now we’re all living in a world that was just Not Built for This. You can find Not Built for This in the 99% Invisible feed starting August 20th.We're also announcing the relaunch of Roman's side project What Roman Mars Can Learn About Con Law by featuring a new episode and one from two weeks ago.Side Projects 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.

13 Elo 20241h 5min

Top Billing

Top Billing

When you’re watching the opening credits to a movie, it’s not just a list of names. What you’re actually seeing is intense negotiations by Hollywood stars and their agents playing out in text form. Title designers have to create something that’s entertaining to watch, while also presenting the names of all the creative people in a very particular order. It’s like a game of Tetris, to make sure everybody gets their due.Top Billing 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.

6 Elo 202429min

The Art of the Olympics

The Art of the Olympics

The 2024 Paris Olympics are currently under way, and we thought we’d play two stories from the 99% Invisible archives about the art of the Olympics.First up, a story about the design and iconography of the 1968 Mexico City Olympics. Then, Kurt Kohlstedt tells us about Olympic poetry.The Art of the Olympics 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.

30 Heinä 202434min

The 2024 Olympics Spectacular

The 2024 Olympics Spectacular

From TV commercials and branded soda cans to Emily in Paris spon-con, the Olympics are once again everywhere. In the Olympic spirit, we’re bringing you four stories about the games in all their international, theatrical glory.In the first story, Christopher Johnson introduces the obscure, non-traditional sports from a forgotten part of Olympic history. The second story, by Chris Berube, offers a glimpse into the financial strain brought about by Montreal’s host venue for the 1976 games. In Vivian Le’s third story, the opening ceremony for Seoul’s 1988 Olympics begins on an unfortunate note. The final story, by Avery Trufelman, proposes a twist on the traditional Olympic host-country format.The 2024 Olympics Spectacular  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.

23 Heinä 202440min

The Power Broker #7: Sec. Pete Buttigieg

The Power Broker #7: Sec. Pete Buttigieg

This is the seventh official episode, breaking down the 1974 Pulitzer Prize winning book, The Power Broker by our hero Robert Caro. This week, Roman Mars and Elliott Kalan sit down with Pete Buttigieg, the US Secretary of Transportation. One of his major responsibilities as Secretary is overseeing the implementation of the Bipartisan Infrastructure Law, which has contributed billions of dollars to infrastructure projects around the country.Secretary Buttigieg was also responsible for several major infrastructure projects when he was mayor of South Bend, Indiana. And he’s talked about the importance of acknowledging and dismantling the racism built into transportation systems around the country — somewhat paraphrasing The Power Broker — and has gotten a lot of pushback for it.Elliott and Roman also cover the second half of Part 5 and the first section of Part 6 (Chapter 27 through Chapter 32), discussing the major story beats and themes.The Power Broker #07: Sec. Pete ButtigiegJoin the discussion on Discord and Reddit. 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.

19 Heinä 20242h 42min

A River Runs Through Los Angeles

A River Runs Through Los Angeles

When you hear the word "river," you probably picture a majestic body of water flowing through a natural habitat. Well, the LA River looks nothing like that. Most people who see it probably mistake it for a giant storm drain. It's a deep trapezoidal channel with steep concrete walls, and a flat concrete bottom. Los Angeles was founded around this river. But decades ago it was confined in concrete so that, for better or worse, the city could become the sprawling metropolis that it is today. All these years later the county is still grappling with the consequences of those actions.Reported by Gillian Jacobs, guest hosted by 99PI producer, Vivian Le.A River Runs Through Los Angeles 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.

16 Heinä 202443min

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