Louis Brandeis

Confirmed Liberal
May 20, 2010

Soon after this magazine was founded, the editors joined with relish a fight over President Woodrow Wilson’s nomination of Louis Brandeis to the Supreme Court. Defending Brandeis against his Boston enemies—the financial oligarchs whom he had attacked in his book Other People’s Money—we championed his vision of liberal judicial restraint: namely, the view that courts should defer to progressive laws and regulations enacted by the states, Congress, and federal agencies.

People's Choice
May 07, 2010

As soon as Justice John Paul Stevens announced that he would leave the Supreme Court, President Obama and progressive groups said the next justice should be an economic populist.

POTUS v. SCOTUS
March 16, 2010

Barack Obama is gunning for a confrontation with the Supreme Court, and Chief Justice John Roberts has signaled that he welcomes the fight. Last week, the chief justice described the president’s State of the Union condemnation of the Citizens United decision as “very troubling” and complained that the speech had “degenerated to a political pep rally.” Roberts was making an argument about etiquette--dissent was fine, he said, but Obama had somehow transgressed the boundaries of civilized discourse by delivering his attack to a captive audience.

Promises, Promises, Promises
March 10, 2010

In a recent TNR article about the Citizens United decision, “Roberts versus Roberts,” I argued that the chief justice has so far failed to achieve his goal of promoting narrow, unanimous decisions rather than ideologically polarizing ones. After the piece came out, Ed Whelan claimed that Roberts had never promised to try to lead the Court in such a fashion.

Roberts versus Roberts
March 02, 2010

Last month, the Supreme Court handed down its most polarizing decision since Bush v. Gore. The 5-4 ruling in Citizens United v. Federal Election Commission called into question decades of federal campaign finance law and Supreme Court precedents by finding that corporations have a First Amendment right to spend as much money as they want on election campaigns, as long as they don’t consult the candidates.

The Quiet Revolution
February 01, 2010

Obama has reinvented the state in more ways than you can imagine.

Lessons for Obama
September 29, 2009

I confess to reading people on the right. Sometimes with utter dismay. Oftentimes with respect. Among the people I read regularly is Peter Wehner who actually writes for Commentary's website, Contentious, with other conservative intellectuals. And very contentious they are. Wehner actually was one of George Bush's speechwriters. Since I thought some of Bush's speeches quite alright--and even better--this fact is not a disqualifier. Indeed, Wehner is one smart guy ... and a stylish writer besides. What's more, he knows his history.

Obama and the Ghost of Louis Brandeis
September 15, 2009

President Obama’s speech yesterday was disappointing. As a diagnosis of the problems that let us into financial crisis, it was his clearest and best effort so far. He didn’t say it was a rare accident for which no one is to blame; rather he placed the blame squarely on the structure, incentives, and actions of Wall Street. But then he said: Our regulatory reforms will fix that. This is hard to believe. And even the president seems to have his doubts, because he added a plea that--in the meantime--the financial sector should behave better. The audience was composed of our financial elite, but

Supreme Leader: The Arrogance of Anthony Kennedy
June 16, 2007

Jeffrey Rosen on Anthony Kennedy's moralistic tendencies.

Not in the Heavens
February 20, 2006

WITNESSING THEIR FAITH: RELIGIOUS INFLUENCE ON SUPREME COURT JUSTICES AND THEIR OPINIONS By Jay Alan Sekulow(Rowman & Littlefield, 349 pp., $27.95) I.   THE CONFIRMATION OF JUSTICE Samuel Alito brings to five the number of Catholics on the Supreme Court of the United States. All Americans can be proud of this fact, or more precisely, proud of the fact that Alito’s religious affiliation never became an issue during his confirmation process.

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