“[Louis Brandeis] believes in natural rights of speech and liberty and the right to pursue happiness.” Quote by Jeffrey Rosen
“For [Louis] Brandeis, it's not a technical question of channeling what would James Madison say. It's how do we take these inherent human natural rights of liberty and translate them into an age of new technolog” HumansAgeNaturalLibertyRightsInherentTranslateChannelingMadisonNatural RightsLouis 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
“We need to protect the same amount of cognitive liberty in an age where you can invade people's thoughts without physically intruding into their homes than you did at the time of the framing.” PeopleNeedsHomeAgeLibertyAmountProtectCognitiveFraming 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
“The historical resonances are sharp. [Louis] Brandeis is nominated on Jan. 28, 1916. Confirmed on June 1. Waits 125 days between nomination and confirmation, which remains an unbroken record, although Merrick Garland will surpass it in July, if my math is right. Anti-Semitism was definitely not the central reason for the opposition, which tended to focus more on his anti-corporate radicalism, but it was a theme.” IfsReasonWaitingRecordsFocusRemainsHistoricalMathCorporateThemeOppositionJuneJulyResonanceAnti SemitismNominationsUnbrokenConfirmationGarlandsRadicalismLouis Brandeis 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
“William Howard Taft, who he embarrassed in these congressional hearings, attacks him as an emotionalist and a socialist and a cosmopolitan in terms that kind of have an anti-Semitic overtone. And even the pro-Brandeis press supported him in terms that really seem creepy today. There's this piece from Life magazine. It says, "Mr. Brandeis is a Jew. And until now there's never been a Jew on the Supreme Court. Perhaps it's time we have one."” KindSeemsTodayTermPiecesCourtPressesJewHearingSupremeMagazinesSocialistEmbarrassedSupreme CourtCreepyAnti SemiticTaft 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
“The tyranny of Harvard and Yale is another thing that transcends this problem of the set point. But what's so striking about [Louis] Brandeis is he had this vision of cultural pluralism that completely gave the lie to the idea that there was any inconsistency between being Jewish or being a woman or being African American and being fully American.” IdeasProblemLyingVisionTyrannyAfrican AmericanHarvardBeing A WomanYaleInconsistencyPluralismLouis 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