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 Rosen[Louis] Brandeis is often painted as an acolyte of judicial restraint, or the view that judges should uphold laws whether or not they like them.
Jeffrey RosenBefore Sept. 11, the idea that Americans would voluntarily agree to live their lives under the gaze of a network of biometric surveillance cameras, peering at them in government buildings, shopping malls, subways and stadiums, would have seemed unthinkable, a dystopian fantasy of a society that had surrendered privacy and anonymity.
Jeffrey RosenI 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.
Jeffrey RosenFor [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
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