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)

Call Now

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When it’s three o’clock in the morning and everything is going wrong in your life, there’s a certain kind of ad you might see on basic cable. Lawyers–usually guys–promise to battle the heartless, tight-wad insurance companies on your behalf. There’s … 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.

25 Mar 201418min

The Fancy Shape

The Fancy Shape

Quatrefoil is the name of the four-lobed cloverleaf shape. It’s everywhere: adorning Gothic cathedrals, more modern churches, Rhode Island mansions, mission-style roofs in California, and decorating victorian homes from coast to coast. It’s embroidered on bedding, plastered on wallpaper, 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.

18 Mar 201414min

One Man is An Island

One Man is An Island

A few years ago, reporter Sean Cole was working on a radio story and needed to interview the rapper Busta Rhymes. Sean was living in Boston at the time, so he did a Google search for “Busta Rhymes” and “Boston” to see … 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 Mar 201418min

Tunnel 57

Tunnel 57

At its peak, the Berlin Wall was 100 miles long. Today only about a mile is left standing. Compared with other famous walls in history, this wall had a pretty short life span. The Great Wall of China has been … 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.

5 Mar 201420min

UTBAPH

UTBAPH

It started with some Pittsburgh humor. Pittsburgh-based comedian Tom Muisal does a bit about a GPS unit that can give directions in “Pittsburghese.” Because in Pittsburgh, no one calls it “Interstate 376,” it’s “The Parkway.” It’s not “The Liberty Tunnel,” … 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.

25 Feb 201415min

Icon for Access

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There is a beauty to a universal standard. The idea that people across the world can agree that when they interact with one specific thing, everyone will be on the same page– regardless of language or culture or geographic locale. … 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 201413min

Cover Story

Cover Story

You know the saying: you can’t judge a book by its cover. With magazines, it’s pretty much the opposite. The cover of a magazine is the unified identity for a whole host of ideas, authors, and designers who have created … 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 201417min

Higher And Higher

Higher And Higher

Like the best of these stories, the two bitter rivals started out as best friends: William Van Alen and Craig Severance. They were business partners. Van Alen was considered the artistic maverick and Severance was the savvy businessman. It’s unclear … 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 Feb 201416min

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