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)

Edge of Your Seat

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O-U-I-J-A

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The Ouija board is so simple and iconic that it looks like it comes from another time, or maybe another realm. The game is not as ancient as it was designed to look, but those two arched rows of letters have … 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 Okt 201417min

Good Bread

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The first print advertisement for Wonder Bread came out before the bread itself. It stated only that “a wonder” was coming. In a lot of ways, the statement was true. Wonder Bread was the perfect loaf.  “Slow food” advocates have pronounced industrial … 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.

22 Okt 201415min

Kickstart Radiotopia- A Storytelling Revolution

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When you support Radiotopia, you are making sure 99% Invisible can keep coming to you weekly and you’ll be supporting our entire collective of award-winning, independent radiomakers. Thanks!   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.

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Lights Out

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14 Okt 201414min

For Amusement Only

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Everyone has tried it at some point. The authorities started turning a blind eye years ago, but it wasn’t officially legalized until the summer of 2014. Finally, after more than 80 years of illegitimacy, the City of Oakland has legalized…pinball … 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.

7 Okt 201413min

The Straight Line Is A Godless Line

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30 Sep 201415min

Port of Dallas

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There’s a photograph we have tacked to our studio at 99% Invisible HQ. The photo, taken 1899, shows three men, all looking very fashionable, suspended mid-air on the lifted arm of a giant dredging machine. There are plenty of images … 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 Sep 201417min

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