Fact Checking the Supreme Court
99% Invisible4 Juni 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

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.


Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Avsnitt(789)

Mini-Stories: Volume 21

Mini-Stories: Volume 21

A glowing Vegas pyramid, a famously mistyped domain, and a long-delayed miracle investigation unfold in three unexpected tales. Subscribe to SiriusXM Podcasts+ to listen to new episodes of 99% Invisib...

23 Dec 202529min

Sax Appeal

Sax Appeal

From military parades to smoky clubs, one invention’s wild journey reveals how an instrument can become a symbol of rebellion and reinvention. Subscribe to SiriusXM Podcasts+ to listen to new episodes...

16 Dec 202543min

The Checkerboard

The Checkerboard

A single diagonal step on a map sparks a legal war with huge consequences. Subscribe to SiriusXM Podcasts+ to listen to new episodes of 99% Invisible ad-free and a whole week early. Start a free trial...

9 Dec 202538min

U Is for Urbanism

U Is for Urbanism

How Jane Jacob's urbanism dreams came to life on the most beloved kids' TV block. Subscribe to SiriusXM Podcasts+ to listen to new episodes of 99% Invisible ad-free and a whole week early. Start a fre...

2 Dec 202538min

Constitution Breakdown #4: Janet Napolitano

Constitution Breakdown #4: Janet Napolitano

This is the fourth episode of our ongoing series breaking down the U.S. Constitution.This month, Roman and Elizabeth turn to Article Two, which establishes the executive branch, alongside former Secre...

28 Nov 20251h 22min

Murderland

Murderland

Writer Caroline Fraser argues a chilling link between industrial poison, deadly design, and a generation of serial killers in the Pacific Northwest. Subscribe to SiriusXM Podcasts+ to listen to new ep...

25 Nov 202527min

The Moving Walkway Is Ending

The Moving Walkway Is Ending

People once dreamed of sidewalks that could whisk them across cities. Somehow, that dream ended up at the airport. Subscribe to SiriusXM Podcasts+ to listen to new episodes of 99% Invisible ad-free an...

18 Nov 202539min

How to Write a Joke

How to Write a Joke

Comedy writer Elliott Kalan (The Daily Show, The Flop House, Mystery Science Theater 3000, and co-host of the 99% Invisible Breakdown of The Power Broker) spills the secrets of how he grows jokes from...

11 Nov 202531min

Populärt inom Business & ekonomi

framgangspodden
varvet
rss-jossan-nina
rss-borsens-finest
rss-svart-marknad
badfluence
avanzapodden
uppgang-och-fall
svd-tech-brief
rss-kort-lang-analyspodden-fran-di
fill-or-kill
rss-dagen-med-di
lastbilspodden
tabberaset
bathina-en-podcast
24fragor
kapitalet-en-podd-om-ekonomi
rss-inga-dumma-fragor-om-pengar
rikatillsammans-om-privatekonomi-rikedom-i-livet
dynastin