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)

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Two Storeys

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While we’re gearing up for season 3, we present two pieces from two shows we love: First up, Language Bites from RTE Choice in Ireland. Language Bites is a series of 1-minute programs exploring the origins of popular phrases in … 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 Aug 20128min

Names vs The Nothing

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New Public Sites is an investigation into some of the invisible sites and overlooked features of our everyday public spaces. These are the liminal spaces within cities that are not traditionally framed as “public space” because, quite frankly, they 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.

6 Aug 201212min

Some Other Sign that People Do Not Totally Regret Life

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Sean Cole is a poet and he knows what you think of that. He is also a radio producer. One night, drunk and stumbling around the Hudson River with his friend Malissa O’Donnell, he discovered a monument — two 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.

25 Jul 201216min

Purple Reign

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What’s the difference between what the public sees and what an architect sees when they look at a building? The hotel on the very prominent corner of Touhy and Kilbourn Avenues in Lincolnwood, Illinois used to be the town’s most … 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 Jul 201219min

Kickstarter Video for Season 3 of 99% Invisible

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12 Jul 20122min

What Gave You That Idea

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Starlee Kine’s friend Noel works in advertising. In 2003, Noel was working in at an agency in Richmond, VA. Everyone wanted to work on flashy spots like Apple or Nike or Gatorade. Do you know what wasn’t flashy? Insurance. 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.

28 Jun 201214min

Frozen Music

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Goethe said, “Architecture is frozen music.” I like that. Of course that was before audio recording, so now, for the most part, music is frozen music. It’s only very recently in the history of music that we’ve been able 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.

14 Jun 201210min

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