Preserving the Progressive Spirit in a Conservative Time- The Jo
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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: https://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 PrPreserving 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 mlaw.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 JoR, 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 confirmaPreserving 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 inMichigan 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 American 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 Jonty years before his nomination, Brandcis had been a resolute and effective champion of social reform. In an era notable for its reformers, Brandeis hPreserving 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 conserMichigan 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-AmhPreserving 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 indicated. 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 Joh Court had become the very symbol of social activism.2 Opponents seized upon that activist reputation in their effort to prevent confirmation. BrandePreserving 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 dispenseMichigan 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 Joiless antagonist, fighting his cases up to the limit. . . .”4 Another supporter tried to convince the Senators that “[a] man can not be combative as hPreserving 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 reMichigan 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 Joce White administered the oath to Brandeis, Pinchot confessed that “although I have done what I could in the fight for your confirmation and earnestlyPreserving 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 soMichigan 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 for 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 Jogreat2.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 OPreserving 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 ofMichigan 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 ProGọi ngay
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