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.

When I was in law school I was taught that the great writers were people like [Oliver Wendell] Holmes Jr. and [Benjamin N.] Cardozo. But you go back and read their prose and it's sort of perfumed and very ornate and show-offy. And they're constantly striving for these abstractions that seem archaic nowadays.

Louis Brandeis beloved uncle, Lewis Dembitz, was an ardent abolitionist. His mother was an abolitionist in Kentucky at a time when Brandeis remembered hearing the shot from the confederate soldiers after the second battle of Bull Run. Amazing to think that he heard that and I studied with one of his last law clerks in college. And that encapsulates almost all of American history.

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.

He [Louis Brandeis] would have not had any patience with that great debate which you're right to kind of signal between Justice Scalia and Justice Alito about do you need a physical trespass into the home or onto the carriage in order to trigger the values of the Fourth Amendment.

[Louis] Brandeis, like [Tomas] Jefferson, is an equal opportunity critic of bigness. And he, like Jefferson, sees American history as this incredible clash between small producers, farmers, and small business people on the one hand, and wicked oligarchs and financiers and monopolists on the other.

Louis Brandeis really inspired me to write this book [Louis D. Brandeis: American Prophet]. It was a crazy deadline. The editor said I'd miss the hundredth anniversary unless I pumped the thing out in six months, because I'd been delaying and dilly dallying for so long. So he both inspired me to get up early and write.