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)

The View From The 79th Floor

The View From The 79th Floor

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15 Jan 201414min

Six Stories- the memory palace

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3 Jan 201419min

Numbers Stations

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20 Des 201321min

DIY Space Suit

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Cameron Smith is building a space suit in his apartment. He’s not an astronaut. He’s not even an engineer. Cameron Smith is an archaeologist–on faculty in the anthropology department at Portland State University in Oregon. But Cameron is an explorer … 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 Des 201312min

Future Screens are Mostly Blue

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21 Nov 201319min

Unbuilt

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13 Nov 201319min

Revolving Doors

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The story goes like this: Theophilus Van Kannel hated chivalry. There was nothing he despised more than trying to walk in or out of a building, and locking horns with other men in a game of “oh you first, I … 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 Nov 201314min

All the Buildings

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I love those moments when you’re walking in your neighborhood and suddenly nothing is familiar. In a good way. Sean Cole began seeing his neighborhood, actually the whole city of New York, with new eyes because of one artist who … 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 Okt 201317min

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