“I think even though the court is moving toward trying to translate the Constitution into a digital age, there was that wonderful unanimous decision that Chief Justice Roberts wrote saying you can't search a cellphone on arrest without a warrant.” ThinkingTryingAgeMovingJusticeDecisionWonderfulConstitutionCourtChiefsDigitalTranslateWarrantsDigital AgeCellphoneChief Justice Author:Jeffrey Rosen
“I think [Louis] Brandeis challenges all of the current justices. As he said, "If we would guide by the light of reason, we must let our minds be bold." You have to take the values that the framers were concerned about and translate them into this new age.” IfsThinkingMindSaidReasonLightAgeValuesChallengesJusticeConcernedCurrentsGuidesTranslateNew AgeFramersLouis Brandeis Author:Jeffrey Rosen
“I don't think he would have had any trouble answering Justice Sonia Sotomayor's excellent challenge in a case involving GPS surveillance. She said we need an alternative to this whole way of thinking about the privacy now which says that when you give data to a third party, you have no expectations of privacy. And [Louis] Brandeis would have said nonsense, of course you have expectations of privacy because it's intellectual privacy that has to be protected. That's my attempt to channel him on some of those privacy questions.” ThinkingWayNeedsGivingSaidWholeCoursesChallengesJusticePartyCasesTroubleIntellectualExpectationsThirdsDataAlternativesExcellentNonsensePrivacyProtectedWay Of ThinkingSurveillanceInvolvingThird PartiesGpsLouis Brandeis Author:Jeffrey Rosen
“He [Louis Brandeis] would have not had any patience with that great debate which you're right to kind of signal between Justice Scalia and Justice Alito about do you need a physical trespass into the home or onto the carriage in order to trigger the values of the Fourth Amendment.” NeedsKindHomeValuesOrderJusticeDebateAmendmentsFourthSignalsTriggersCarriagesFourth AmendmentLouis BrandeisJustice Scalia Author:Jeffrey Rosen
“I think he's [Louis Brandeis] a great model for progressive justices today who want to answer the originalists. It's not that the original paradigm cases are irrelevant, but you have to focus on the values the framers were trying to protect, not on the means with which those values were invaded in the 18th century.” ThinkingWantTryingMeanTodayValuesJusticeAnswersCasesFocusCenturyProtectModelsOriginalsProgressiveIrrelevantParadigm18th CenturyFramersLouis Brandeis Author:Jeffrey Rosen
“Justice Jefferson has a blind spot on race. You know, more than a blind spot. A terrible blemish on his legacy, slavery, for which he's properly excoriated. So, I think [Louis] Brandeis has done this as well.” ThinkingKnowsWellsDoneJusticeRaceTerribleSlaveryBlindSpotsLegacyBlind SpotsLouis Brandeis Author:Jeffrey Rosen
