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Preserving the Progressive Spirit in a Conservative Time- The Jo

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Nội dung chi tiết: Preserving the Progressive Spirit in a Conservative Time- The Jo

Preserving the Progressive Spirit in a Conservative Time- The Jo

Michigan Law ReviewVolume 78 Issue 81980Preserving the Progressive Spirit in a Conservative Time: The Joint Reform Efforts of Justice Brandeis and Pro

Preserving the Progressive Spirit in a Conservative Time- The Joofessor Frankfurter, 1916-1933David w. LevyUniversity of OklahomaBruce Allen MurphyPennsylvania State UniversityFollow this and additional works at: h

ttps://repository.law.umich edu/mlrO’ Part of the Judges Commons, Legal History Commons, and the Supreme Court of the United States CommonsRecommended Preserving the Progressive Spirit in a Conservative Time- The Jo

CitationDavid w. Levy & Bruce A Murphy, Preserving the Progressive spirit in a Conservative Time: The Joint Reform Efforts of Justice Brandeis and Pr

Preserving the Progressive Spirit in a Conservative Time- The Jo

ofessor Frankfurter. 1916-1933,78 Mich. L. Rev. 1252 (1980).Available at: https://repository.law.umich.edU/mlr/vol78/iss8/3This Article is brought to

Michigan Law ReviewVolume 78 Issue 81980Preserving the Progressive Spirit in a Conservative Time: The Joint Reform Efforts of Justice Brandeis and Pro

Preserving the Progressive Spirit in a Conservative Time- The Jon in Michigan Law Review by an authorized editor of University of Michigan Lav/ School Scholarship Repository. For more information, please contact ml

aw.repository@umicti.edu.PRESERVING THE PROGRESSIVE SPIRIT IN A CONSERVATIVE TIME: THE JOINTREFORM EFFORTS OF JUSTICE BRANDEIS AND PROFESSORFRANKFURTE Preserving the Progressive Spirit in a Conservative Time- The Jo

R, 1916-1933David w. Levy* and Bruce Allen Murphy**On January 28, 1916, President Wilson sent the name of Louis D. Brandeis to the Senate for confirma

Preserving the Progressive Spirit in a Conservative Time- The Jo

tion as a Justice of the United States Supreme Court. Wilson’s act surprised many Americans and sparked one of the bitterest confirmation struggles in

Michigan Law ReviewVolume 78 Issue 81980Preserving the Progressive Spirit in a Conservative Time: The Joint Reform Efforts of Justice Brandeis and Pro

Preserving the Progressive Spirit in a Conservative Time- The Jo. This dilemma led Brandeis to a private arrangement that opened an unusual and revealing chapter in the story of the extrajudicial activities of Amer

ican justices. Even more important, the arrangement constitutes a noteworthy episode in the history of twentieth-century American liberalism.’IFor twe Preserving the Progressive Spirit in a Conservative Time- The Jo

nty years before his nomination, Brandcis had been a resolute and effective champion of social reform. In an era notable for its reformers, Brandeis h

Preserving the Progressive Spirit in a Conservative Time- The Jo

ad earned an impressive reputation among those who worked for change: nemesis of the traction magnates, relentless foe of monopoly, defender of conser

Michigan Law ReviewVolume 78 Issue 81980Preserving the Progressive Spirit in a Conservative Time: The Joint Reform Efforts of Justice Brandeis and Pro

Preserving the Progressive Spirit in a Conservative Time- The Jo progressive legislation in the courts, the “people’s attorney” in their struggles against powerful interests. By 1916, Mr. Wilson’s choice• Associate

Professor, Department of History, University of Oklahoma. B.A. 1959, University of Illinois; M.A. 1961. University of Chicago: Ph D. 1967. University Preserving the Progressive Spirit in a Conservative Time- The Jo

of Wisconsin. — Ed.•• Assistant Professor, Department of Political Science, Pennsylvania State University. B.A. 1973, University of Massachusetts-Amh

Preserving the Progressive Spirit in a Conservative Time- The Jo

erst; Ph.D. 1978, University of Virginia. — Ed.I.Many of the letters cited in this article have been reprinted in I-V Letters of Louts D. Brandeis (M.

Michigan Law ReviewVolume 78 Issue 81980Preserving the Progressive Spirit in a Conservative Time: The Joint Reform Efforts of Justice Brandeis and Pro

Preserving the Progressive Spirit in a Conservative Time- The Joion within that collection of the reprinted letter, the collection provides a reference to the location of the original letter.Unless otherwise indica

ted. aU letters cited in this article were authored by Louis D. Bran-dets (hereinafter L.D.B.).1252August 1980]Brandcis and Frankfurter1253for the Hig Preserving the Progressive Spirit in a Conservative Time- The Jo

h Court had become the very symbol of social activism.2 Opponents seized upon that activist reputation in their effort to prevent confirmation. Brande

Preserving the Progressive Spirit in a Conservative Time- The Jo

is, they charged, lacked the judicial temperament; he had none of that cool and level-headed judgment which should characterize a nonpartisan dispense

Michigan Law ReviewVolume 78 Issue 81980Preserving the Progressive Spirit in a Conservative Time: The Joint Reform Efforts of Justice Brandeis and Pro

Preserving the Progressive Spirit in a Conservative Time- The Jomers, and crusaders, but not good or safe judges.”3 Even Brandcis’s supporters tended to agree with the charge. “He is a radical and has spent a large

pan, not only of his public, but of his professional career, in attacking established institutions . . admitted one friend. “Undoubtedly he is a merc Preserving the Progressive Spirit in a Conservative Time- The Jo

iless antagonist, fighting his cases up to the limit. . . .”4 Another supporter tried to convince the Senators that “[a] man can not be combative as h

Preserving the Progressive Spirit in a Conservative Time- The Jo

e is, or aggressive as he is, fighting as he has been on the firing line during all his professional career, without making many enemies.”5Brandcis re

Michigan Law ReviewVolume 78 Issue 81980Preserving the Progressive Spirit in a Conservative Time: The Joint Reform Efforts of Justice Brandeis and Pro

Preserving the Progressive Spirit in a Conservative Time- The Joh Brandeis revered as much as anyone6 — a judge was characterized by impartiality, by distance from the battle, by living a life aloof from the fray.

Amos Pinchot, Brandcis’s trusted comrade-in-arms in several progressive crusades, saw the problem as clearly as Brandeis. On the day after Chief Justi Preserving the Progressive Spirit in a Conservative Time- The Jo

ce White administered the oath to Brandeis, Pinchot confessed that “although I have done what I could in the fight for your confirmation and earnestly

Preserving the Progressive Spirit in a Conservative Time- The Jo

desired it — still, now that you are actually a Supreme Court Justice, I don’t know whether to be sorry or glad. So far, I think that I am sort of so

Michigan Law ReviewVolume 78 Issue 81980Preserving the Progressive Spirit in a Conservative Time: The Joint Reform Efforts of Justice Brandeis and Pro

Preserving the Progressive Spirit in a Conservative Time- The Jos unfair to say that, for the last ten years, you have been the most vital and disturbing element in our public life .... You have made more trouble f

or injustice than any other man. The passing of your work, both light cavalry and heavy artillery, the knowledge that no longer, when a cause needs a Preserving the Progressive Spirit in a Conservative Time- The Jo

great2.Sec A. Lief, Brandeis; Tug Personal History or AN American Ideal (1936); A. Mason, Branums: a Free Man's Life (19-46); M. UitOFSKY, A MINO OF O

Preserving the Progressive Spirit in a Conservative Time- The Jo

ne Pujck (1971). Seegenerally, A. OaL. BRaNDEIS of Boston 1-65, 96-136 (1980).3.II Nomination of Louií D. Brandeừ: Hearings Before the Subcommittee of

Michigan Law ReviewVolume 78 Issue 81980Preserving the Progressive Spirit in a Conservative Time: The Joint Reform Efforts of Justice Brandeis and Pro

Preserving the Progressive Spirit in a Conservative Time- The Josa p. French).

Michigan Law ReviewVolume 78 Issue 81980Preserving the Progressive Spirit in a Conservative Time: The Joint Reform Efforts of Justice Brandeis and Pro

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