He [Louis Brandais] did believe in the states famously as laboratories of democracy, to use that resonant phrase that Tea Party and conservative libertarians have embraced today because he loves state experimentation.
Jeffrey RosenThat 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.
Jeffrey RosenWhenever I felt tempted to, I donโt know, watch cat videos or bad Netflix TV instead of writing this Brandeis biography, I thought of his stern but kindly visage and buckled down and wrote the damn thing, because thereโs so much information out there, and these are such anxious times in democracy, such unreasonable times.
Jeffrey Rosen[Louis Brandeis] insisted on the necessity of public reason, which he thought could only be achieved if all of us just take the time to inform ourselves about the best arguments on all sides of questions so that we can make up our own minds.
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 RosenWilliam Howard Taft, who he embarrassed in these congressional hearings, attacks him as an emotionalist and a socialist and a cosmopolitan in terms that kind of have an anti-Semitic overtone. And even the pro-Brandeis press supported him in terms that really seem creepy today. There's this piece from Life magazine. It says, "Mr. Brandeis is a Jew. And until now there's never been a Jew on the Supreme Court. Perhaps it's time we have one."
Jeffrey Rosen