[Louis] Brandeis is often painted as an acolyte of judicial restraint, or the view that judges should uphold laws whether or not they like them. Jeffrey Rosen More Quotes by Jeffrey Rosen More Quotes From Jeffrey Rosen Before Sept. 11, the idea that Americans would voluntarily agree to live their lives under the gaze of a network of biometric surveillance cameras, peering at them in government buildings, shopping malls, subways and stadiums, would have seemed unthinkable, a dystopian fantasy of a society that had surrendered privacy and anonymity. Jeffrey Rosen surveillance-cameras shopping government Privacy is not for the passive. Jeffrey Rosen security passive privacy But 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 Rosen writing book thinking And he [Louis Brandeis] talks to his young acolyte, Horace Kallen, who wrote this beautiful book called Cultural Pluralism, and he comes to believe that by being better Jews, or better members of our ethnic group, we can be better Americans, because America is like an orchestra in which identity is defined by the diversity of perspectives that we bring to the table. Jeffrey Rosen beautiful believe book Louis Brandeis started off by embracing the Theodore Roosevelt notion that hyphenated Americanism was unpatriotic. You couldn't have dual loyalties. But then he thinks and he reads and he becomes the head of the American Zionist movement after having previously been a secular Jew in this amazing intellectual evolution. Jeffrey Rosen loyalty intellectual thinking 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. Jeffrey Rosen yale lying ideas 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. Jeffrey Rosen ethnicity race ideas 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." Jeffrey Rosen magazines pieces creepy Initially 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 Rosen fighting new-york long 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. Jeffrey Rosen july june math I 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 justice mean thinking 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. Jeffrey Rosen age home people Louis Brandeis actually changes his mind about women's suffrage because he works with these brilliant women in the women's suffrage movement like Josephine Goldmark, his sister-in-law, where he writes a Brandeis brief which convinced the court to uphold maximum hour laws for women by collecting all these facts and empirical evidence. Jeffrey Rosen sister-in-law mind writing For [Louis] Brandeis, you know, ethnicity and background are much less important than facts and reason. And he believes that far from wanting to efface our diversity of perspectives, we have to embrace it because that makes us more American, not less. In that sense, he's incredibly modern in an age of cultural pluralism. And it is disappointing for just the reasons you say that not everyone has embraced his pluralistic vision. Jeffrey Rosen ethnicity diversity believe Louis Brandeis was not a racist like Woodrow Wilson. Jeffrey Rosen louis-brandeis wilson racist 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. Jeffrey Rosen crazy writing book Why I find Louis Brandeis so exciting and inspiring because he's teaching us - good legal writing is not a matter of taste, it's a matter of connection with fellow citizens and of democratic education. Jeffrey Rosen connections teaching writing [Louis] Brandeis improves the prose. He simplifies it and perfects the balance of the sentence so it becomes even more memorable and aphoristic. Jeffrey Rosen louis-brandeis balance memorable [Louis] Brandeis is writing directly to us. His clear voice comes through a century and he's speaking to us and he's galvanizing us and he's persuading us. And that's why I love to read the prose. Jeffrey Rosen louis-brandeis voice writing 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. Jeffrey Rosen law people school
