Jeffrey Rosen Quotes - Page 2

[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.

I think the answer has to do with the fact that [Louis D.] Brandeis was a consistent critic of bigness in business and in government.

Basically [Louise] Brandeis was a Jeffersonian. And you say the timing is great, and it is in a lot of senses, except not for [Tomas] Jefferson, because this is a Hamiltonian moment, and he's the rock star of the minute with a great musical.

[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.

[Tomas] Jefferson is more out of fashion, both because of his views on race, where he's properly questioned, that part of his legacy, but also because the libertarian critique of bigness in business and government, the idea that size is a danger is something that's shared on the right when it comes to government and on the left when it comes to corporations, but not both.

[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.

That 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.

Do you think Bernie Sanders, for example, is citing Theodore Roosevelt as the progenitor of his critique of the banks when actually Roosevelt wanted to keep the banks together and regulate them.

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.

[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 don't think he would have had any trouble answering Justice Sonia Sotomayor's excellent challenge in a case involving GPS surveillance. She said we need an alternative to this whole way of thinking about the privacy now which says that when you give data to a third party, you have no expectations of privacy. And [Louis] Brandeis would have said nonsense, of course you have expectations of privacy because it's intellectual privacy that has to be protected. That's my attempt to channel him on some of those privacy questions.

I think [Louis] Brandeis challenges all of the current justices. As he said, "If we would guide by the light of reason, we must let our minds be bold." You have to take the values that the framers were concerned about and translate them into this new age.

I think even though the court is moving toward trying to translate the Constitution into a digital age, there was that wonderful unanimous decision that Chief Justice Roberts wrote saying you can't search a cellphone on arrest without a warrant.

[Louis Brandeis] insisted on the necessity of public reason, which he thought could only be achieved if all of us just take the time to inform ourselves about the best arguments on all sides of questions so that we can make up our own minds.

Whenever I felt tempted to, I don’t know, watch cat videos or bad Netflix TV instead of writing this Brandeis biography, I thought of his stern but kindly visage and buckled down and wrote the damn thing, because there’s so much information out there, and these are such anxious times in democracy, such unreasonable times.

It can sound trite if you just say citizens need to be educated for democracy to work, but for him it wasn't trite. It was really this strenuous challenge to citizens to use their moments of leisure, which he defined as time away from work, to collect the facts that were necessary for full democratic participation.

He's [Louis Brandais] so suspicious of bigness in government as well as business that he mistrusts even really top-down reforms at the state level. The most inspiring part of his legacy to me is his belief in the imperative and duty of self-education on behalf of citizens.

He [Louis Brandais] did believe in the states famously as laboratories of democracy, to use that resonant phrase that Tea Party and conservative libertarians have embraced today because he loves state experimentation.

[Oliver Wendell] Holmes never believed in the truth and morality of the laws he was upholding. He said, "I loathe the thick-fingered clowns we call the people."

It's unfortunate that [Louis] Brandeis was not able to translate or abstract his devotion to cultural pluralism and racial equality as he put it for Jews to enslave people and their descendants and to African Americans.

We shouldn't let the Republicans off the hook. Theodore Roosevelt, we learned from Jeff Cowan's new book, was just as bad as certainly [Louis] Brandeis was, or many Democrats were on the question of segregation.

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.

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.

Louis Brandeis was not a racist like Woodrow Wilson.

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.