“[Oliver Wendell] Holmes never believed in the truth and morality of the laws he was upholding. He said, "I loathe the thick-fingered clowns we call the people."” PeopleSaidLawMoralityThickClownHolmesLoathe 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
“I'd say that [Louis] Brandeis practiced a kind of a "living originalism," to use the title of Jack Balkin's great book. He said you start with the paradigm case, which in the case of the Fourth Amendment was these general warrants or writs of assistance, but you define it at a level of abstraction that you can take it into our age and make it our own.” KindSaidBookUseAgeLevelsCasesTitlesAmendmentsFourthAssistanceAbstractionParadigmGreat BookWarrantsFourth AmendmentLouis BrandeisWrits Of Assistance Author:Jeffrey Rosen
“Initially the papers said that the fact that Louis Brandeis was picked because he was Jewish. The New York Sun said he's the first Jew ever picked for the bench - a long and bitter fight expected in the Senate over confirmation.” FirstsLongSaidFactsFightingSunNew YorkPaperJewExpectedBitterSenatePapersBenchesConfirmationLouis Brandeis Author:Jeffrey Rosen
“They said, OK, nine [Louis] Brandeis's is too much, but one is OK. So, with friends like that, and so forth. But, yes, the idea that because he was Jewish he would rule a particular way was an ugly undercurrent of the hearings, which resonates with current claims that a judge can't be impartial because of his or her background or ethnicity or race. It's, I guess, a small comfort that in the end the Brandeis vote wasn't close.” WaySaidIdeasEndsRaceToo MuchParticularJudgingComfortVoteClaimsCurrentsUglyHearingNineBackgroundsThey SaidEthnicityLouis Brandeis Author:Jeffrey Rosen
“Louis Brandeis really inspired me to write this book [Louis D. Brandeis: American Prophet]. It was a crazy deadline. The editor said I'd miss the hundredth anniversary unless I pumped the thing out in six months, because I'd been delaying and dilly dallying for so long. So he both inspired me to get up early and write.” WritingLongSaidBookCrazyMissingMonthsSixInspiredGet UpProphetEditorsSix MonthsDeadlineUp EarlyLouis Brandeis Author:Jeffrey Rosen
