It's unfortunate that [Louis] Brandeis was not able to translate or abstract his devotion to cultural pluralism and racial equality as he put it for Jews to enslave people and their descendants and to African Americans.

That strain of anti-monopoly crusading egalitarianism really runs throughout American history from [Tomas] Jefferson to Woodrow Wilson, that finds its apotheosis in [Louis] Brandeis, continues through the New Deal, but then it sort of peters out in the '60s because progressives in particular become more interested in extending equality to minorities, and women, and other excluded groups, and little more suspicious of these old white guys, often from the south, who were crusaders against monopolies.

[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."

[Louis Brandeis] believes in natural rights of speech and liberty and the right to pursue happiness.

Louis Brandeis never had the opportunity - or he never sought the opportunity I should say - to work closely with African American lawyers. He was also a Southern Democrat, you know, at a time when both parties were supportive of segregation.

We shouldn't let the Republicans off the hook. Theodore Roosevelt, we learned from Jeff Cowan's new book, was just as bad as certainly [Louis] Brandeis was, or many Democrats were on the question of segregation.

Privacy is not for the passive.