[Tomas] Jefferson is more out of fashion, both because of his views on race, where he's properly questioned, that part of his legacy, but also because the libertarian critique of bigness in business and government, the idea that size is a danger is something that's shared on the right when it comes to government and on the left when it comes to corporations, but not both.

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

[Tomas] Jefferson is more out of fashion, both because of his views on race, where he's properly questioned, that part of his legacy, but also because the libertarian critique of bigness in business and government, the idea that size is a danger is something that's shared on the right when it comes to government and on the left when it comes to corporations, but not both.

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.

[Louis] Brandeis improves the prose. He simplifies it and perfects the balance of the sentence so it becomes even more memorable and aphoristic.

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.

What is so inspiring about [Louis] Brandeis's writing is he saw it as a tool for democratic education. He would say things like the opinion is now convincing, now can we make it more instructive, after he'd gone through ten drafts.