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

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Episoder(740)

The Comrades

The Comrades

If you live in South Africa, you definitely know someone who runs ultra-marathons, probably lots of someones. Here, ultras are the stuff of a whole country’s new years resolutions and mid-life crises. They’re the kind of thing that a totally ordinary, not-athletic person wakes up one day and decides they’re going to do -- and then does.  In one of the most economically unequal countries in the world, extreme distance running is a sport that feels like it includes everybody. And improbably, that inclusiveness happened during one of the darkest, most divided moments in South Africa’s history – during the final years of apartheid. The Comrades 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.

24 Jan 202342min

A Sea of Yellow

A Sea of Yellow

Back in 2017 we ran an episode about the history of Brazil's iconic, yellow national soccer jersey. We were reminded of that story during the recent world cup, and then again on January 8th as a mob of right wing rioters attacked the Brazilian capital, many of them wearing those iconic yellow shirts. Needless to say the story of the yellow jersey has taken some real twists and turns in recent years, so today we’re going to rerun the original story about the jersey’s origins, and then producer Emmett Fitzgerald is going to update us on everything that has happened since.A Sea of Yellow 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.

17 Jan 202334min

Mini-Stories: Volume 16

Mini-Stories: Volume 16

We’re kicking off the new year at 99pi with a fresh installment of mini-stories, including: what lies at the intersection of a street and a road; the most unlikely of theme parks; and the evolution of ancient alleyways in Beijing, China.Mini-Stories: Volume 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.

10 Jan 202333min

Balikbayan Boxes

Balikbayan Boxes

This time of year, right in the middle of the holiday season, there's a beloved, frenzied tradition playing out in Filipino households all around the world, with which reporter Gabrielle Berbey is intimately familiar. A Balikbayan box is a huge cardboard box (often weighing over 100 pounds) that Filipinos living all over the world send to family members who are still living in the Philippines. The word Balikbayan literally means homecoming in Tagalog.Balikbayan Boxes 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.

21 Des 202236min

Mini-Stories: Volume 15

Mini-Stories: Volume 15

The whole conceit of this show is that if look at the world in the right way, you’ll see stories everywhere. Some of the stories are epic power struggles chronicling the construction of a famous skyscraper or the founding of a city; but other stories are more modest, smaller in scope and scale. We call those mini-stories and they're part of an ongoing, end-of-the-year tradition in which 99pi producers and friends of the show talk to host Roman Mars about something cool and fun that you can tell your friends or family about during a holiday get together.You’ll hear about a very, very long escalator! Beavers dropping from the sky!  We’ll hear from Janet, Miss Jackson if you’re nasty! Plus a visit from the queen! Mini-Stories 15: Volume 15 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.

14 Des 202237min

The Divided Dial

The Divided Dial

If you’ve ever flipped through the radio dial — not satellite, not podcasts, but good old-fashioned AM and FM radio — you may have noticed something. Right wing radio talk is everywhere.But the airwaves weren't always so dominated by such a narrow range of voices. Reporter and friend of the show Katie Thornton has the story of how talk radio has evolved (and perhaps devolved at times) over the past century, and what all of it means for the airwaves today.The Divided DialHear the rest of the the series from On the Media  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 Des 202246min

Cougar Town

Cougar Town

Wildlife and urban development don’t usually go well together. Roads in particular fracture the habitats of wide-ranging animals. It restricts their movements and makes it harder for them to find food or a mate. But biologists and urban planners have started working together –- crafting a plan to try to help pumas move more safely around the city. And in the process this one cat, dubbed P-22, has turned into something of a celebrity—the symbol of a movement to redesign our cities and make the built environment more friendly to animals.Cougar Town 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.

29 Nov 202229min

Super Citizens

Super Citizens

Los Angeles' El Peatonito is part of a subset of real life superheroes who are more focused on things like picking up trash and taking on civic issues than catching criminals in alleys.These super citizens take their inspiration from comic books but in some ways have more ambitious goals than defeating a make believe villain. They are out to solve big societal problems. Wherever a city is plagued by traffic accidents, or people are living on the streets…these heroes heed the call of service. Super CitizensCheck out David Weinberg's brilliant series The Superhero Complex 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.

22 Nov 202226min

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