I was very much influenced by a great book by the scholar Neil Richards called Intellectual Privacy, that [Louis] Brandeis changed his mind on the proper balance between dignity and free speech.
Jeffrey RosenJustice 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.
Jeffrey Rosen[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.
Jeffrey RosenInitially the papers said that the fact that Louis Brandeis was picked because he was Jewish. The New York Sun said he's the first Jew ever picked for the bench - a long and bitter fight expected in the Senate over confirmation.
Jeffrey RosenI think he's [Louis Brandeis] a great model for progressive justices today who want to answer the originalists. It's not that the original paradigm cases are irrelevant, but you have to focus on the values the framers were trying to protect, not on the means with which those values were invaded in the 18th century.
Jeffrey Rosen