I came to believe that actually [Louis] Brandeis tended to uphold laws that he liked and strike down those that he didn't, generally strike down centralizing federal agencies in the New Deal, and uphold state economic experimentation.

[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.

Louis Brandeis was not a racist like Woodrow Wilson.

We need to protect the same amount of cognitive liberty in an age where you can invade people's thoughts without physically intruding into their homes than you did at the time of the framing.

It's unfortunate that [Louis] Brandeis was not able to translate or abstract his devotion to cultural pluralism and racial equality as he put it for Jews to enslave people and their descendants and to African Americans.

Justice Jefferson has a blind spot on race. You know, more than a blind spot. A terrible blemish on his legacy, slavery, for which he's properly excoriated. So, I think [Louis] Brandeis has done this as well.

They said, OK, nine [Louis] Brandeis's is too much, but one is OK. So, with friends like that, and so forth. But, yes, the idea that because he was Jewish he would rule a particular way was an ugly undercurrent of the hearings, which resonates with current claims that a judge can't be impartial because of his or her background or ethnicity or race. It's, I guess, a small comfort that in the end the Brandeis vote wasn't close.