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He graduated from Harvard Law School in 1877 at just 21 at the top of his class with the highest grade point average in the history of the law school.

He saw the railroads. And if you're just joining us, my guest is Jeffrey Rosen. It's striking that the only dissenter in the Buck and Bell case, Pierce Butler, was a devout Catholic. Judge Merrick Garland does not look anywhere close to getting a confirmation hearing.

I have a Mexican judge. Or will this habit of unanimity that the court has begun to experience continue?Chief Justice Roberts told me in an interview right as he was starting as chief that he hoped that achieving unanimity in smaller cases would get the justices into the habit of achieving it in larger ones.



And explain very briefly how that contributed to the financial meltdown of '08.ROSEN: After Gramm-Leach-Bliley repealed the Glass-Steagall Act, big banks were able to engage in proprietary trading - that is, trading on their own account - investing once again in risky complicated instruments like credit default swap, whose value no one understood.So just as Brandeis predicted, once again, when the bets went bad, the banks took none of the risk because they were too big to fail.
And you just have to figure out what is it exactly that the founding fathers intended when they wrote the Constitution?So with him absent, does it change the arguments that the justices are likely to hear in the court? Warren and Brandeis argue that courts have no justification to prohibit the publication of such a letter, under existing theories or property rights. Not since - I've been teaching law for a long time.The prospect of liberal majority has not prevailed since the Warren era of the 1960s long, long ago. What did he see?ROSEN: He met Josephine Goldmark, his brilliant sister-in-law who worked with him in writing the so-called Brandeis Brief, which is a collection of facts and empirical evidence designed in court in a case called Muller and Oregon to uphold maximum hour laws for women.

And there's an amazing passage in that opinion, it's called Olmsted versus the United States, where he doesn't mention television explicitly, but he refers to it implicitly. So since the death of Justice Scalia, there have been eight Supreme Court justices. Is that ever frustrating for you? Coming up, Maureen Corrigan again will review one of the summer's most anticipated novels.

I mean, the - Congress kind of created this mandate for the National Constitution Center to bring in people from all sides and debate and speak, but for the center to not take a point of view. And it's plausible that she will retire...ROSEN: It had been. He was educated in Louisville and Dresden in Germany before graduating from Harvard University in 1877. What did - who did he meet? It's a small comfort that Brandeis, by all accounts, was not himself a eugenicist.
And Hillary Clinton and Bernie Sanders as well as Donald Trump are Hamiltonian.I think that's why - that helps me answer the question of why it is that the great Justice Brandeis, who has so much to say to us today, isn't more invoked in this campaign. He's the author of the new book "Louis D. Brandeis: American Prophet." My guest is Jeffrey Rosen, author of the new book "Louis D. Brandeis: American Profit." fi"has discussed the … He was confirmed a hundred years ago in 1916. Justice Breyer might choose to retire.

And Ron Chernow's wonderful book also doesn't like Jefferson and arguably doesn't give due respect to that antimonopoly tradition. He began by appointing Louis D. Brandeis, the leading critic of big business and finance, to the Supreme Court. In that sense, he has a lot to say to both sides.GROSS: Brandeis was the first Jewish nominee and the first Supreme Court justice. And I really enjoyed asking him - he was often criticized for the fact that Brown v. Board of Education is impossible to reconcile with the original understanding of the 14th amendment. He waited 125 days between his nomination on Jan. 28, 1916, and his confirmation on June 1, 1916, the longest wait that anyone had waited until then. Originally, the common law "right to life" only provided a remedy for physical interference with life and property. 5.

But at the time the right of property only protected the right of the creator to any profits derived from the publication. All cited his opinion in a case called Ashwander, which basically says, as long as you can avoid a constitutional question, do it. Nobody's perfect.GROSS: So I've interviewed you before from when you were a journalist before you were head of the National Constitution Center.

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louis j brandeis

louis j brandeis

louis j brandeis

louis j brandeis