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(741)

The Great Restoration

The Great Restoration

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Lawn Order

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19 Aug 201516min

Hard to Love a Brute

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12 Aug 201516min

The Sunshine Hotel

The Sunshine Hotel

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5 Aug 201526min

From the Sea, Freedom

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In 1933, delegates from the United States and fourteen other countries met in Montevideo, Uruguay to define what it means to be a state. The resulting treaty from the Montevideo Convention established four basic criteria for statehood—essentially, what is required … 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.

29 Jul 201518min

Awareness

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22 Jul 201516min

On Location

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So many classic movies have been made in downtown Los Angeles. Though many don’t actually take place in downtown Los Angeles. L.A. has played almost every city in the world, thanks to its diverse landscape and architectural variety, but particular … 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.

15 Jul 201514min

Johnnycab (Automation Paradox, Pt. 2)

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More than 90% of all automobile accidents are all attributable to human error, for some car industry people, a fully-automated car is a kind of holy grail. However, as automation makes our lives easier and safer, it also creates more … 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.

1 Jul 201521min

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