Louis Brandeis was not a racist like Woodrow Wilson.

[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.

[Louis] Brandeis had a very distinctive vision of political economy that he persuaded Woodrow Wilson to adopt in the 1912 election and that he largely enacted from the bench.

It can sound trite if you just say citizens need to be educated for democracy to work, but for him it wasn't trite. It was really this strenuous challenge to citizens to use their moments of leisure, which he defined as time away from work, to collect the facts that were necessary for full democratic participation.

The historical resonances are sharp. [Louis] Brandeis is nominated on Jan. 28, 1916. Confirmed on June 1. Waits 125 days between nomination and confirmation, which remains an unbroken record, although Merrick Garland will surpass it in July, if my math is right. Anti-Semitism was definitely not the central reason for the opposition, which tended to focus more on his anti-corporate radicalism, but it was a theme.

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

Before 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.