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.
Jeffrey Rosen[Louis Brandeis] believes in natural rights of speech and liberty and the right to pursue happiness.
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 RosenBut as I wrote the book [Louis D. Brandeis: American Prophet], I tried to write it as clearly and directly and passionately as possible just thinking of communicating to readers who might want to learn about this great thinker and be inspired by him as I was.
Jeffrey RosenWhat is so inspiring about [Louis] Brandeis's writing is he saw it as a tool for democratic education. He would say things like the opinion is now convincing, now can we make it more instructive, after he'd gone through ten drafts.
Jeffrey RosenThe 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.
Jeffrey Rosen