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)

Palm Reading

Palm Reading

Reports of palm theft have appeared in LA, San Diego, and Texas; palm rustling also gets a mention in Susan Orlean’s The Orchid Thief. To understand why someone would want to steal a palm tree, we need to understand their value—which has a lot to do … 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.

4 Mar 201513min

PDX Carpet

PDX Carpet

Portlanders have a tradition when visiting their airport: taking a picture of their feet. It’s not to show off their shoes, but rather, what’s under them. They are documenting the famous PDX airport carpet. Julie Sabatier from Rendered has the … 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.

24 Feb 201514min

Game Over (R)

Game Over (R)

A few months before the end of the world, everyone was saying their goodbyes. The world that was ending was The Sims Online, an online version of The Sims. Even though The Sims was one of the most popular computer … 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.

18 Feb 20159min

Guerrilla Public Service

Guerrilla Public Service

At some point in your life you’ve probably encountered a problem in the built world where the fix was obvious to you. Maybe a door that opened the wrong way, or poorly painted marker on the road. Mostly, when we … 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.

11 Feb 201512min

La Mascotte

La Mascotte

The idea of the mascot came to America by way of a popular French opera from the 1880s called La Mascotte. The opera is about a down-on-his luck farmer who’s visited by a girl named Bettina; as soon as she … 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.

3 Feb 201515min

Under The Moonlight

Under The Moonlight

In 1885, Austin, Texas was terrorized by a serial killer known as the Servant Girl Annihilator.  The murderer was never actually found, but he claimed eight victims, mostly black servant girls, all attacked in the dark of night. The very, very dark night of Austin in 1885. After … 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.

28 Jan 201514min

Of Mice And Men

Of Mice And Men

If you are looking at a computer screen, your right hand is probably resting on a mouse. To the left of that mouse (or above, if you’re on a laptop) is your keyboard. As you work on the computer, your right hand … 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.

21 Jan 201517min

The Sizzle

The Sizzle

The first trademark for a sound in the United States was issued in 1978 to NBC for their chimes. MGM has a sound trademark for their roaring lion, as does 20th Century Fox for their trumpet fanfare. Harley Davidson tried to trademark the sound … 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.

14 Jan 201513min

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