A Quote by Jeffrey Rosen

[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.

Jeffrey Rosen

Quote Topics

Judges Judicial Laws Like Louis Often Painted Restraint Should Them Uphold View Whether

Quote Author

Jeffrey Rosen
American - Academic
Born: 1964

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.

Jeffrey Rosen

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.

Jeffrey Rosen

One of the litmus tests for judicial conservatism is the idea of judicial restraint - that courts should give substantial deference to the decisions of the political process. When Congress and the president enact a law, conservatives generally say, judges should avoid 'legislating from the bench.'

Jeff Greenfield

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.

Adam Cohen

And he [Louis Brandeis] talks to his young acolyte, Horace Kallen, who wrote this beautiful book called Cultural Pluralism, and he comes to believe that by being better Jews, or better members of our ethnic group, we can be better Americans, because America is like an orchestra in which identity is defined by the diversity of perspectives that we bring to the table.

Jeffrey Rosen

Supreme Court nominees should know that this exercise of judicial restraint is the key ingredient of being good judge, as the Constitution constrains judges every bit as much as it constrains we legislators, executives and citizens in their actions.

Chuck Grassley

Conservatives who care about nominations of judges who practice judicial restraint are, constitutionally, restrained people themselves.

Wendy Long

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.

Dahlia Lithwick

A woman cannot be herself in the society of the present day, which is an exclusively masculine society, with laws framed by men and with a judicial system that judges feminine conduct from a masculine point of view.

Henrik Ibsen

Louis Brandeis really inspired me to write this book [Louis D. Brandeis: American Prophet]. It was a crazy deadline. The editor said I'd miss the hundredth anniversary unless I pumped the thing out in six months, because I'd been delaying and dilly dallying for so long. So he both inspired me to get up early and write.

Jeffrey Rosen

The place where we don't agree is on whether there should be some restraint on insurance companies and whether they should be allowed to run wild. We believe there should be some restraint; some on the other side don't think so.

David Axelrod

The question should not be whether or not police are allowed to confront suspects; it should be about how we train them. The question should not be whether we have police; it should be how we use them. The question should not be whether judges should have the ability to protect New Yorkers from violent offenders; it should be how we let them.

Eric Adams

A Judicial Bureau of Investigation under an independent Judicial Complaints Commission, should be set up to investigate complaints against judges.

Prashant Bhushan

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.