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)

Snowflake

Snowflake

Well before the early 1500s, when Sir Thomas Moore first coined the term “Utopia,” people have been thinking about how to design their ideal community. Maybe it’s one that doesn’t use money, or one that drops traditional family structures and … 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 201416min

Good Egress

Good Egress

When designing a commercial structure, there is one safety component that must be designed right into the building from the start: egress. “Egress” refers to an entire exit system from a building: stairs, corridors, and evacuation routes outside the building. Each state’s building … 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.

8 Jul 201415min

Cold War Kids

Cold War Kids

During the 1961 Berlin Crisis—one of the various moments in the cold war in which we came frighteningly close to engaging in actual war with the Soviets—President John F. Kennedy vowed to identify spaces in “existing structures both public and … 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 201420min

Skyjacking

Skyjacking

The term “hijacking” goes back to prohibition days, when gangsters would rob moonshine trucks saying, “Hold your hands high, Jack!” However, in the early days of commercial air travel, the idea that someone would hijack a plane was scarcely even … 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 Jun 201414min

Feet of Engineering

Feet of Engineering

As a fashion object and symbol, the high heel shoe is weighted with meaning. It’s also weighted with the wearer’s entire body weight. The stiletto might be one of the only designs that is physically painful but has somehow has … 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.

17 Jun 201414min

Song Exploder

Song Exploder

99% Invisible presents Song Exploder. A song is a product of design. It’s difficult to create an original melody, but that’s only the blueprint. Every element of a piece of music could be produced any number of ways, depending on which … 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.

10 Jun 201419min

Clean Trains

Clean Trains

In just about every movie set in New York City in the 1970s and 80s there’s an establishing shot with a graffiti-covered subway. For city officials, train graffiti was a sign that they had lost control. So, starting in 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.

3 Jun 201419min

Breaking the Bank

Breaking the Bank

When I go into a bank, especially if I have to stand in line waiting to make a deposit, my mind wanders. And one of the first place it wanders to is: how I would rob the place. How could … 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.

27 Mai 201418min

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