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"A riveting new examination of the leading progressive justice of his era, published in the centennial year of his confirmation to the U.S. Supreme Court"

"According to Jeffrey Rosen, Louis D. Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism."

Review:

"Louis Brandeis geared up for combat when J. P. Morgan’s New Haven Railroad tried to buy the Boston and Maine lines. Brandeis hated the thought of what he called “a monster corporation controlling all transportation facilities of New England,” and lobbied fiercely against the merger. Morgan prevailed, “but it took all the power of the Republican machine and of the bankers’ money to do it,” Brandeis wrote, “and I am well content with the fight made.”

Brandeis would win many other battles on behalf of his people: consumers, workers, small-business men and other common folk. He rode his success as “the people’s lawyer” into President Woodrow Wilson’s inner circle as an influential economic adviser, and then onto the Supreme Court, where he was the first Jewish justice and a progressive champion.

The brilliant, crusading Brandeis is the subject of Jeffrey Rosen’s excellent “Louis D. Brandeis: American Prophet.” The book, part of the Yale Jewish Lives series, is not a full biography — that ground is already well trod — but rather a concise and sympathetic exploration of Brandeis’s main intellectual causes. It is well titled: Brandeis resembled an Old Testament prophet — Franklin D. Roosevelt called him “old Isaiah” — with his highly articulated moral vision and true believer’s zeal. It is also well timed: Mr. Rosen persuasively makes his case that recognizing Brandeis as an “American prophet” “seems more important today than ever.”

Brandeis was born in Louisville, Ky., in 1856, to immigrant Jewish parents. Like many Southerners — including Thomas Jefferson, whom he revered — Brandeis developed a strong sympathy for farmers and state governments, and a mistrust of big government and big business."

Jeffrey Rosen:

"Jeffrey Rosen is the President and Chief Executive Officer of the National Constitution Center, the only institution in America chartered by Congress “to disseminate information about the United States Constitution on a non-partisan basis. Rosen is also a professor at The George Washington University Law School, a nonresident senior fellow at the Brookings Institution, and a contributing editor for the Atlantic.

He is a highly regarded journalist whose essays and commentaries have appeared in the New York Times Magazine, The Atlantic Monthly, on National Public Radio, and in The New Yorker, where he has been a staff writer. The Chicago Tribune named him one of the 10 best magazine journalists in America and a reviewer for the Los Angeles Times called him "the nation's most widely read and influential legal commentator.” He received the 2012 Golden Pen Award from the Legal Writing Institute for his “extraordinary contribution to the cause of better legal writing.”

Rosen's new book, Louis Brandeis: American Prophet, was published on June 1, 2016, the 100th anniversary of Brandeis’s Supreme Court confirmation. He is also the author of The Supreme Court: The Personalities and Rivalries that Defined America; The Most Democratic Branch: How the Courts Serve America; The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age; and The Unwanted Gaze: The Destruction of Privacy in America. He is co-editor, with Ben Wittes, of Constitution 3.0: Freedom and Technological Change.

Rosen is a graduate of Harvard College; Oxford University, where he was a Marshall Scholar; and Yale Law School."

Topics:
Constitutional Law
Constitution in the 21st Century
Technology and the Constitution
Supreme Court