‘People’s Lawyer’ Louis Brandeis: 1st Jewish Supreme Court Justice

On 1 June 1916, President Woodrow Wilson achieved one of his greatest political triumphs when his controversial nominee for the U.S. Supreme Court, Louis Dembitz Brandeis, was confirmed as the first Jewish Supreme Court justice. Brandeis, whose brilliant legal mind was acknowledged by even his staunchest opponents, had built such a successful private law practice that he was able to devote himself to supporting public causes – for which he adamantly refused any compensation.

photo of Louis Brandeis, c. 1916

Photo: Louis Brandeis, c. 1916. Credit: Harris and Ewing; Library of Congress Prints and Photographs Division.

He became a fierce legal opponent of monopolies, large corporations and public corruption; an advocate for social reform; and a protector of workers’ rights and working conditions. He also helped pioneer a concept that has become extremely important in today’s world: the right to privacy.

In a speech Brandeis gave at his alma mater Harvard University in 1905, he said:

Instead of holding a position of independence, between the wealthy and the people, prepared to curb the excesses of either, able lawyers have, to a large extent, allowed themselves to become adjuncts of great corporations and have neglected the obligation to use their powers for the protection of the people. We hear much of the ‘corporation lawyer,’ and far too little of the ‘people’s lawyer.’ The great opportunity of the American Bar is and will be to stand again as it did in the past, ready to protect also the interests of the people.

As a crusading “people’s lawyer,” Brandeis won many legal victories for working people and the general public, and worked hard to support Woodrow Wilson during the presidential campaign of 1912 – and later, helped President Wilson formulate his ideas on how to combat monopolies and regulate large corporations. As a consequence of all this judicial and political activism, Brandeis earned the enmity of conservative Republicans and powerful, wealthy businessmen.

Therefore, it was not surprising that when President Wilson nominated Brandeis for the Supreme Court on 29 January 1916, the nomination was controversial and met with a great deal of opposition. After Brandeis retired from the Supreme Court on 13 February 1939, his successor, Justice William O. Douglas, wrote of the opposition to Brandeis’s confirmation:

Brandeis was a militant crusader for social justice whoever his opponent might be. He was dangerous not only because of his brilliance, his arithmetic, his courage. He was dangerous because he was incorruptible.

Douglas also acknowledged one of the strong undercurrents in the opposition to Brandeis’s confirmation: the fact that he was a Jew. As Douglas wrote:

The fears of the Establishment were greater because Brandeis was the first Jew to be named to the Court.

Traditionally, confirmation of Supreme Court nominees had been a matter of a straightforward up-or-down vote in the Senate, usually held on the same day the president submitted the nomination. However, the controversy over Brandeis changed everything. For the first time ever, the Senate Judiciary Committee held public hearings on the nomination, and 47 witnesses testified during a confirmation process that took an unprecedented four months to complete. Bitter opposition came from such famous figures as former President William Howard Taft, who would himself go on to become Chief Justice of the Supreme Court on 11 July 1921, and former presidents of the American Bar Association.

Even the head of Brandeis’s alma mater, Harvard President Abbott Lawrence Lowell, opposed his confirmation, even though Lowell was in many ways a fellow progressive – and Brandeis had been one of the most brilliant students in Harvard University’s history, graduating in 1877 at the age of 20 as valedictorian, with the highest grade point average in the school’s history (a record that took eight decades to break). The reason for Lowell’s opposition is revealed, perhaps, when one remembers that one of his more controversial efforts was an attempt to limit Jewish enrollment at Harvard to 15% of the student body. Anti-Semitism was an unspoken but strong factor in the opposition to Brandeis.

When all the wrangling was done, the full Senate confirmed Brandeis by a vote of 47 to 22 on 1 June 1916. During a 23-year career as a Supreme Court justice, Louis Brandeis continued to be the “people’s lawyer,” especially in the areas of freedom of speech and the right to privacy, and he earned a legacy as one of the Court’s greatest justices.

article about the confirmation of Supreme Court Justice Louis Brandeis, Boston Journal newspaper article 2 June 1916

Boston Journal (Boston, Massachusetts), 2 June 1916, page 1

This old newspaper article reported:

Washington, June 1.—The nomination of Louis D. Brandeis of Boston to the Supreme Court to succeed the late Joseph Rucker Lamar, was confirmed by the Senate today by a vote of 47 to 22. The vote, taken without debate, ended one of the bitterest contests ever waged against a presidential nominee. Mr. Brandeis will be the first Jew to occupy a seat on the Supreme bench.

One Democrat in Opposition

Only one Democrat, Senator Newlands, voted against confirmation. Three Republicans, Senators La Follette, Norris and Poindexter, voted with the Democratic majority, and Senators Gronna and Clapp would have done so, but were paired with Senators Borah and Kenyon. The negative vote of Senator Newlands was a complete surprise to the Senate, and the Nevada senator, recognizing that his action had aroused comment, later made public a formal explanation.

Newlands Explains Vote

“I have a high admiration for Mr. Brandeis as a publicist and propagandist of distinction,” said Senator Newlands. “I do not regard him as a man of judicial temperament, and for that reason I have voted against his confirmation.”

Throughout the fight President Wilson stood firmly behind his nominee, never wavering even when it seemed certain that an unfavorable report would be returned by the Senate Judiciary Committee. Before the committee voted he wrote a letter to Chairman Culberson, strongly urging prompt and favorable action.

The new justice was born 60 years ago in Louisville, Ky., graduated from Harvard University in 1877 and began the practice of law in Boston after admission to the bar in 1878. He probably will take the oath of office June 13, a week from Monday, just before the Court adjourns for the summer recess.

Nomination Sent in Jan. 29

The nomination of Mr. Brandeis was sent to the Senate Jan. 29. It was referred to the Judiciary Committee, and immediately a flood of protests against confirmation and memorials in favor thereof began to pour in.

A sub-committee consisting of Senators Chilton, Fletcher, Walsh, Cummins and Works was appointed to report on the nomination. It adopted the unusual course of holding public hearings. Clifford Thorns, railroad commissioner of Iowa, was the first witness, protesting against confirmation on the ground that Mr. Brandeis had been guilty of unprofessional conduct in handling the 8 per cent. rate advance case before the Interstate Commerce Commission. Sidney W. Winslow, president of the United Shoe Machinery Company, testified that Mr. Brandeis had been guilty of unprofessional conduct in relation to his company, and shortly thereafter Austin G. Fox, a New York attorney, appeared before the committee as the representative of 85 citizens of Boston, headed by A. Lawrence Lowell, president of Harvard, and took charge of the opposition. Then United States District Attorney George W. Anderson of Boston, at the request of the committee, undertook direction of the case for those favoring confirmation.

47 Witnesses Testified

In all, 47 witnesses were heard and 1,500 pages of testimony taken. William H. Taft, Simeon E. Baldwin, Francis Rawle, Joseph H. Choate, Elihu Root, Moorfield Storey and Peter W. Meldrim, all former presidents of the American Bar Association, wrote protests to the committee against confirmation, and Charles W. Eliot, president emeritus of Harvard, and many others wrote in favor of confirmation.

On April 3 the sub-committee, by a strict party vote, recommended confirmation, and on May 14 the full committee agreed to a favorable report by another strict party division.

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How to Date Old Ancestor Photographs with Early Photo Types

Introduction: Mary Harrell-Sesniak is a genealogist, author and editor with a strong technology background. In this guest blog post, Mary shows how you can date old, undated family photos by first figuring out what type of photograph they are, and uses old newspapers and other sources to illustrate different types of photos.

Do you have a box of old, undated family photos somewhere up in the attic—or maybe buried in the back of some closet? Have you wondered how you were ever going to figure out who these family members might be, since the old photographs lack inscriptions or dates?

Genealogy is a lot like detective work, gathering clues to make the pieces of your family puzzle fit together. Old, undated family photographs are pieces of evidence, clues that—if you examine closely enough—might yield some answers.

By knowing a little of the history of photography, you might be able to solve the mystery of those old photos by first recognizing what type of photograph they are—which in turn will help you narrow down the date range for when the photo was created. This blog article will help you do that.

The First Affordable Camera

We’ll start with a brief primer on the history of photography. Many think that the photography revolution began with George Eastman and Frank Brownell (of Kodak) in February of 1900, when they introduced the “Brownie,” the first affordable camera. (See http://www.brownie-camera.com/ for everything you ever wanted to know about this early camera for the mass market.)

Here is an advertisement for the Brownie camera from a 1921 Washington, D.C., newspaper.

What the 2A Brownies [Cameras] Do, Evening Star newspaper advertisement 14 August 1921

Evening Star (Washington, D.C.), 14 August 1921, page 67


However, in my opinion, the true photography revolution started at least 50 years prior, with the French inventor Joseph Nicéphore Niépce (1765-1833). His 1826 heliograph “View from the Window at Le Gras” became the first permanent photograph. (See http://en.wikipedia.org/wiki/Nicéphore_Niépce.) It was created with a camera obscura, a device used by artists to project images on a wall or screen. Niépce captured his view by projecting onto a pewter plate coated with a type of asphalt called bitumen of Judea. After a long eight-hour exposure time, the image became affixed.

First Permanent Photograph, 1826, Mobile Register newspaper cartoon 24 September 1983

Mobile Register (Mobile, Alabama), 24 September 1983, page 31

It’s doubtful that you’ll find a heliograph in your personal ancestor photo collection, but with any luck, you’ll find a variety of other types of photos. Perhaps your family pictures are identified—but in all likelihood many are not, so narrowing time periods for the creation of each photo is important in trying to date them.

Some of my earlier GenealogyBank Blog posts provided other tips for dating undated photographs, including one showing how historical newspapers can assist greatly with photo dating by comparing the clothing of people in your undated photos to clothing styles shown in old newspaper advertisements. (See a list with links to these photography-related blog posts at the end of this article.)

You can also use historical newspapers to learn how to recognize photographic types, and also to research photography studios, as shown by the newspaper articles used in this blog post.

Photographic Timelines

To start, familiarize yourself with photographic timelines, such as the timelines available in the list of websites below. Although there are numerous types of photographic processes, most of your old photos are probably ambrotypes, daguerreotypes, tintypes, cabinet cards or carte de visites (CDVs), along with some lesser-known types such as cyanotypes.

Representative Samples of Different Photographic Types

To see examples of different types of photos, use your favorite search engine such as Google. After searching for a specific type, such as a daguerreotype, click the image option.

screenshot of Google search page showing photographic images

Credit: Google & Wikipedia


A distinctive characteristic of an ambrotype is that the image is a positive image created on a transparent sheet of glass, by what is known as wet plate collodion printing. James Ambrose Cutting is credited with the process, which dates to the early 1850s.

The Wikipedia article at http://en.wikipedia.org/wiki/Ambrotype has several examples, and mentions that many were hand tinted. If you think you have an ambrotype take note of the casing, as the style can also be a clue to the time period.

Carte de Visites and Cabinet Cards

Although these two types of photos are different, I’ve chosen to group them together because they are commonly confused. Both types were printed on paper or card stock, and originally created through a type of albumen printing which was used to bind images to paper.

Carte de Visites (CDVs or Cartes)

The Carte de Visite was made in 1850 by Louis Désiré Blanquart-Evrard (1802-1872), and is known as the first pocket-sized photograph. It is also referred to as a calling or visiting card.

He created a negative and made varying sizes, but typically his photos were small and in the range of 2 3/8” x 4” to 2 ½” x 4.” The smaller size of CDVs offered the advantage of portability and affordability. If you are lucky, you’ll find the photographer’s name imprinted on the back.

This example, rescued from an antique shop near Austin Texas, is tentatively labeled “George W. Bohun.” I believe it was shot by Rudolph Uhlman who, according to a University of Missouri-Kansas City article “A Preliminary Survey of Photographers and Artists in St. Joseph Missouri 1859 to 1889” by David Boutros, worked at 225 Edmond Street between 1876 and 1885. (See http://www.umkc.edu/whmckc/Scrapbook/Articles/StJoePhotographers.pdf.)

photo of a Carte de Visite showing George Bohun

Example of a Carte de Visite from the author’s photo collection

Cabinet Cards

Cabinet cards were introduced in 1864 by a British studio called Windsor & Bridge. As they were larger (typically 4” x 6” or 4 ½” x 6 ½”) and printed on card stock, they were more durable than other paper types.

The photographer’s name can be printed on the front or the rear, and the presentation (font, coloring, etc.) can also be a clue to the time frame of the photo. (See Marshall University’s article at http://www.marshall.edu/library/speccoll/virtual_museum/photographers/cabinet-cards.asp.)

This cabinet card from my photo collection identifies the photographer as James S. Cummins. Research shows he lived from 1841-1895, and if my guess is correct, this sepia-toned image was probably taken between 1875-1885.

photo of a Cabinet Card

Example of a Cabinet Card from the author’s photo collection


The discovery of the cyanotype process is credited to scientist/astronomer Sir John Herschel (1792-1871), but botanist Anna Atkins (1799-1871) gets the credit for applying the technique to photography. She used it to record images of plants for her research, as described in this 1982 article from a South Dakota newspaper.

Lockwood at Dakota Midland [Hospital Art Gallery], Aberdeen Daily News newspaper article 29 June 1982

Aberdeen Daily News (Aberdeen, South Dakota), 29 June 1982, page 13

Most cyanotypes are small. Popular in the 1880s, you can still find them today, and the photographic process is published on the Web.

This cyanotype from my collection is of an ancestor born in 1875, and I estimate it was taken between 1893-1900.

example of a Cyanotype photograph

Example of a Cyanotype photograph from the author’s collection


To learn more about Niépce’s colleague Louis Daguerre (1787-1851), see these resources:

Daguerre is credited with inventing a new photographic process known as daguerreotype.

His technique also incorporated the camera obscura, but by introducing copper plating with a thin layer of silver exposed to the fumes of iodine crystals, he was able to capture the images. Daguerreotypes were very popular from the 1840s into the 1860s or early 1870s.

After his death, Daguerre was described in this 1851 Massachusetts newspaper as “a scene painter and dioramist in Paris, an ingenious mechanic, and tolerable chemist.”

obituary for Louis Daguerre, Massachusetts Spy newspaper article 16 July 1851

Massachusetts Spy (Worcester, Massachusetts), 16 July 1851, page 2

Daguerreotypes (or dags) changed the world of photography, offering our ancestors their first opportunity to sit for portraits. Many appear to be serious or grimacing in their portrait—which, some people today speculate, was from having to sit still for a long time while their picture was being taken.

However, this may be somewhat of a myth. Exposure time ranged from 60-90 seconds, and after 1845 the sitting time was reportedly just a few seconds. If one wanted multiple pictures, there was no way to make copies of the original—so multiple sittings would have to occur. (See http://mentalfloss.com/article/16677/daguerreotype-qa.)

This 1841 ad from a New York newspaper promoted a daguerreotype exhibition to benefit local charities.

The Daguerreotype Exhibition, Evening Post newspaper article 4 February 1840

Evening Post (New York, New York), 4 February 1840, page 3

This obituary from an 1851 New Hampshire newspaper called Daguerre “the celebrated discoverer of the daguerreotype,” claiming that with this invention “he succeeded in immortalizing his name.”

Death of M. Daguerre, New Hampshire Sentinel newspaper obituary 14 August 1851

New Hampshire Sentinel (Keene, New Hampshire), 14 August 1851, page 2

Dags of many famous people can be found online, including some of Abraham Lincoln at www.lincolnportrait.com.


Tintypes are another commonly-found type of photograph—although they were not created on tin.

The tintype production method is similar to that of ambrotypes. (Other common names of similar photographic processes are melanotype and ferrotype.) Tintype sizes ranged from 2 3/8” x 3 ½” to 4” x 5 ¾.”

Sometimes they were created with a wet plate and at other times with a dry plate. The image was underexposed and darkened by lacquering or other methods, and then coated. Interestingly, the metal used was not tin, but a very thin iron that resembled tin. (A magnet can determine if there is metal in your picture.)

Since tintypes were often taken at carnivals, many have a fun quality about them. Notice in this tintype (a Library of Congress image), a man was seated before two mirrors placed at right angles, in order to provide five images.

Library of Congress image of a tintype photograph

Credit: Library of Congress

Tintypes were often sold in a paper sleeve for protection. However, if your tintype still has the original paper sleeve, don’t be fooled by the location printed on it—it may not be correct. According to this 1901 article from a Kansas newspaper, tintype sellers had a variety of preprinted sleeves from distant locations that came “in handy for people who like to put up a bluff that they have been further away from home than they really have.”

The newspaper article imagined a conversation between a tintype seller and his customer:

“What place did you say? Coney Island or—”

The maid looked at the man sheepishly. “Let’s put it New Haven,” she said. “That will sound better than Coney Island.”

Tintypes May Prevaricate, American Citizen newspaper article 8 November 1901

American Citizen (Kansas City, Kansas), 8 November 1901, page 3

To learn more about tintypes and the other commonly-used photographic processes, revisit the timeline at Phototree.com (http://www.phototree.com/identify.htm). The site also has tips to help you identify the characteristics of pictures.

Although this is just a sampling of photographic types, hopefully this article gives you a few ideas on how to identify and date your family treasures.

Go get that box of old family photos and look at them closely. Can you identify what type they are, and thereby limit the date range for the people in the picture? Good luck with your detective work!

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