I came to believe that actually [Louis] Brandeis tended to uphold laws that he liked and strike down those that he didn't, generally strike down centralizing federal agencies in the New Deal, and uphold state economic experimentation.
The Supreme Court's most conservative Justices have presented themselves as great respecters of precedent and opponents of 'judicial activism' - of judges using the Constitution to strike down laws passed by the elected branches of government. If they are true to those principles, they should uphold rent control.
When conservative judges strike down laws, it's because of what's in the Constitution. When liberal judges strike down laws (or impose new laws), it's because of what's in the New York Times
[Louis] Brandeis is often painted as an acolyte of judicial restraint, or the view that judges should uphold laws whether or not they like them.
Louis Brandeis actually changes his mind about women's suffrage because he works with these brilliant women in the women's suffrage movement like Josephine Goldmark, his sister-in-law, where he writes a Brandeis brief which convinced the court to uphold maximum hour laws for women by collecting all these facts and empirical evidence.
If Americans loved judicial activism, liberals wouldn't be lying about what it is. Judicial activism means making up constitutional rights in order to strike down laws the justices don't like based on their personal preferences. It's not judicial activism to strike down laws because they violate the Constitution.
Sometimes local, state and federal laws so clearly run afoul of the Constitution that the court must step in and strike them down. In most cases, the court performs this admirably and with great restraint.
We must strike down the insidious lie that a book is the creation of an individual soul labouring in isolation. We must strike it down because it threatens the overall quality and breadth of American literature.
The motto of the Netherlands is translated into English as 'I will uphold.' But I want you to know that, as we go forward, our message together is not just 'I will uphold,' but 'we will uphold.'
There was a gas strike, oil strike, lorry strike, bread strike, got to be a Superman to survive.
We are on strike, we, the men of the mind. We are on strike against self-immolation. We are on strike against the creed of unearned rewards and unrewarded duties. We are on strike against the dogma that the pursuit of one's happiness is evil. We are on strike against the doctrine that life is guilt.
The heart of a city Is the soul of a man It winds like a river Through the heart of the land They can tear down a building They can tear down a park They can strike at a symbol But they can't strike the heart.
We are on strike against martyrdom—and against the moral code that demands it. We are on strike against those who believe that one man must exist for the sake of another. We are on strike against the morality of cannibals, be it practiced in body or in spirit. We will not deal with men on any terms but ours—and our terms are a moral code which holds that man is an end in himself and not the means to any end of others.
You deal with failure - strike, strike, strike - all the time. Acting is like that. You have to have a very thick skin in a way - your hair is too dark, you're too ugly for the part, your audition wasn't good.
I believe that what is legislated bleeds down into everything. So if the legislation continues to uphold anything that doesn't support equal rights and civil rights, that bleeds down into Matthew Shepard being murdered.
An Obama administration desperate to strike a deal is likely to strike a bad one.
I'm hardly the first person to say that you've [Jeffrey Rosen] written a book about a person who has more to say about the current state of being than almost anyone, Louis Brandeis, and yet nobody is talking about Louis Brandeis.