Unlike [Woodrow] Wilson, Louis Brandeis did not support the segregation of the federal government. He was personally courteous to African Americans. He advised them and advised the head of Howard University to create a good law school. And that inspired Charles Hamilton Houston and Thurgood Marshall in their path-breaking work on behalf of desegregation.
Jeffrey RosenI 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.
Jeffrey Rosen[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."
Jeffrey RosenLouis 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.
Jeffrey Rosen[Louis] Brandeis improves the prose. He simplifies it and perfects the balance of the sentence so it becomes even more memorable and aphoristic.
Jeffrey Rosen[Louis Brandeis] believes in natural rights of speech and liberty and the right to pursue happiness.
Jeffrey RosenAnd he [Louis Brandeis] talks to his young acolyte, Horace Kallen, who wrote this beautiful book called Cultural Pluralism, and he comes to believe that by being better Jews, or better members of our ethnic group, we can be better Americans, because America is like an orchestra in which identity is defined by the diversity of perspectives that we bring to the table.
Jeffrey Rosen