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.
Jeffrey RosenWhy I find Louis Brandeis so exciting and inspiring because he's teaching us - good legal writing is not a matter of taste, it's a matter of connection with fellow citizens and of democratic education.
Jeffrey Rosen[Louis Brandeis] believes in natural rights of speech and liberty and the right to pursue happiness.
Jeffrey Rosen[Louis] Brandeis is writing directly to us. His clear voice comes through a century and he's speaking to us and he's galvanizing us and he's persuading us. And that's why I love to read the prose.
Jeffrey RosenWe 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.
Jeffrey RosenThey 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.
Jeffrey Rosen