“I think the answer has to do with the fact that [Louis D.] Brandeis was a consistent critic of bigness in business and in government.” ThinkingFactsGovernmentAnswersCriticsConsistent Author:Jeffrey Rosen
“Do you think Bernie Sanders, for example, is citing Theodore Roosevelt as the progenitor of his critique of the banks when actually Roosevelt wanted to keep the banks together and regulate them.” ThinkingWantedTogetherExampleCritiqueCitingTheodore Author:Jeffrey Rosen
“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
“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
“Louis Brandeis started off by embracing the Theodore Roosevelt notion that hyphenated Americanism was unpatriotic. You couldn't have dual loyalties. But then he thinks and he reads and he becomes the head of the American Zionist movement after having previously been a secular Jew in this amazing intellectual evolution.” ThinkingMovementEvolutionIntellectualNotionJewLoyaltySecularZionistAmericanismTheodoreUnpatrioticLouis Brandeis Author:Jeffrey Rosen
“Louis Brandeis beloved uncle, Lewis Dembitz, was an ardent abolitionist. His mother was an abolitionist in Kentucky at a time when Brandeis remembered hearing the shot from the confederate soldiers after the second battle of Bull Run. Amazing to think that he heard that and I studied with one of his last law clerks in college. And that encapsulates almost all of American history.” ThinkingRunningLastsLawMotherHeardCollegeBattleShotsSoldierHearingRememberedBelovedAmerican HistoryUnclesBullsArdentClerksKentuckyConfederateAbolitionistLouis 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
“But as I wrote the book [Louis D. Brandeis: American Prophet], I tried to write it as clearly and directly and passionately as possible just thinking of communicating to readers who might want to learn about this great thinker and be inspired by him as I was.” ThinkingWantWritingBookMightReaderInspiredCommunicateProphetThinkerBe InspiredGreat Thinkers Author:Jeffrey Rosen
