Louis Brandeis never had the opportunity - or he never sought the opportunity I should say - to work closely with African American lawyers. He was also a Southern Democrat, you know, at a time when both parties were supportive of segregation.

William 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."

The tyranny of Harvard and Yale is another thing that transcends this problem of the set point. But what's so striking about [Louis] Brandeis is he had this vision of cultural pluralism that completely gave the lie to the idea that there was any inconsistency between being Jewish or being a woman or being African American and being fully American.

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] at the age of 57 decided to become the head of the American Zionist movement was more influential than anyone else in the 20th century in persuading Woodrow Wilson to recognize a Jewish homeland in Palestine.

I'd say that [Louis] Brandeis practiced a kind of a "living originalism," to use the title of Jack Balkin's great book. He said you start with the paradigm case, which in the case of the Fourth Amendment was these general warrants or writs of assistance, but you define it at a level of abstraction that you can take it into our age and make it our own.

Louis Brandeis never had the opportunity - or he never sought the opportunity I should say - to work closely with African American lawyers. He was also a Southern Democrat, you know, at a time when both parties were supportive of segregation.