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)

Cow Tunnels

Cow Tunnels

The westernmost part of Manhattan, between 34th and 39th street, is pretty industrial. There’s a bus depot, a ferry terminal, and a steady stream of cars. But in the late 19th early 20th centuries, this was cow country. Cows used … 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.

20 Mai 201420min

Ten Thousand Years

Ten Thousand Years

In 1990, the federal government invited a group of geologists, linguists, astrophysicists, architects, artists, and writers to the New Mexico desert, to visit the Waste Isolation Pilot Plant. They were there on a mission. The Waste Isolation Pilot Plant (WIPP) … 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.

13 Mai 201429min

Monumental Dilemma

Monumental Dilemma

About ten miles north of Concord, New Hampshire, off of interstate 93 there’s a little island with a great, big monument on it. The monument depicts a woman, who is holding a hatchet in her right hand and bunch of … 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.

6 Mai 201423min

Young Ruin

Young Ruin

If you’ve wandered around Machu Picchu, or Stonehenge, or the Colosseum, or even snuck into that abandoned house on the edge of town, you know the power in a piece of decrepit architecture. And even if you don’t want to … 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 Apr 201418min

Masters of the Uni-verse

Masters of the Uni-verse

Uniforms matter. When it comes to sports, they might be the only thing to which we’re actually loyal. Sports uniforms are packaging. But unlike any other packaging, if the product inside changes or degrades, we remain loyal. Players come 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.

22 Apr 201415min

Structural Integrity

Structural Integrity

When it was built in 1977, Citicorp Center (later renamed Citigroup Center, now called 601 Lexington) was, at 59 stories, the seventh-tallest building in the world. You can pick it out of the New York City skyline by its 45-degree … 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 Apr 201423min

Title TK

Title TK

The name is important. It’s the first thing of any product you use or buy or see. The tip of the spear. You are bombarded by thousands of names every day. In this daily barrage, only the names that are … 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 Apr 201415min

Barcodes

Barcodes

When George Laurer goes to the grocery store, he doesn’t tell the check-out people that he invented the barcode, but his wife used to point it out. “My husband here’s the one who invented that barcode,” she’d occasionally say. 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 Apr 201416min

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