‘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.

Enter Last Name

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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National Archives Celebrates 75th Anniversary this Friday!

National Archives Celebrates 75th Anniversary on Friday, June 19th.

Susan Logue (Voice of America) distributed this commentary on the 75th Anniversary of the National Archives.

Before the National Archives was founded, many governmental records were kept in poor conditions. On June 19, 1934, President Franklin D. Roosevelt signed the legislation creating the National Archives. “There was a recognition by historians, by public officials and others that the history of the nation was being lost,” says assistant archivist Michael Kurtz. “Records were kept by the agencies that created them. Fires, floods and other disasters really ate away at the nation’s documented heritage.”

A visitor to the National Archives examines the Bill of Rights, the first ten amendments to the U.S.

Constitution Seventy-five years later, it is home to some of the most treasured documents in the United States. Every day, visitors fill the rotunda of the National Archives to get a glimpse of the documents that are the foundation of the United States government: the Declaration of Independence, the Constitution, and the Bill of Rights.

But there is much more to the National Archives than just the so-called Charters of Freedom. More than 9 billion records preserved.

Since 1934 it has been responsible for all official governmental historical records: judicial, legislative and executive. Of course, not every government document is saved. Only one to three percent are deemed valuable enough to permanently archive. But, as Kurtz explains, that still adds up to more than nine billion records. While the paper records are vast, there are records in other formats as well including video, film, and digital.

“You have wikis and blogs, digital e-mail, all capturing government business,” says Kurtz. He notes they present new challenges to the Archives. “Preserving them is not like having temperature- and humidity-control vaults for paper records, which will ensure the paper records last for hundreds of years. Digital media is much more fragile.”

On the other hand, Kurtz says, the digital age has presented some opportunities for the National Archives, which can provide access to holdings to people who will never be able to come to the National Archives in person.

The National Archives is celebrating its 75th anniversary with lectures and panel discussions, screenings of films, and an exhibit called “Big!,” featuring some of its more unusual holdings. “The original premise was to showcase some unique items that normally don’t get displayed because of their size,” says exhibits specialist Jennifer Johnson.

Those items include a Civil War-era battlefield map of Gettysburg, Pennsylvania, that measures four meters square and a bathtub modeled after the one made for President William Howard Taft, the largest U.S. president. He weighed about 145 kilos (320 pounds). “There were a series of items that were custom made for him, including his bed,” says Johnson. “We have a telegram where it is asking for a bathtub, listing the dimensions and describing it as ‘pond-like.'”
When the exhibition, Big!, closes next January, Shaq’s shoe will go to the George W. Bush presidential library. Presidential libraries are also part of the National Archives. There is also a shoe that belonged to basketball star Shaquille O’Neal, which was given to President George W. Bush, and a casting of dinosaur footprints.

Johnson says that was presented to Richard Nixon by two boys who discovered the fossilized prints in New Jersey. “When they discovered these footprints they petitioned Nixon to preserve that area of land so they could study it, and he did. So they gave him a casting of the footprints.” Today, she notes, one of those boys is one of the leading paleontologists in the U.S. There are also more conventional records in the exhibit, illustrating big events and big ideas in American history, like the lunar landing and D-Day, the Normandy invasion that led to the Allied victory in World War Two.

Exhibits like “Big!” give visitors a glimpse of the vast holdings of the National Archives, but the stars of the collection remain the Charters of Freedom.
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