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Monday, January 28, 2019

JUSTICE BRANDEIS

Before we get to the post, there is a contretemps brewing about lot 26, the lot adjacent to (for robed wearers that is "next to") the REGJB. Apparently cops and defense attorneys parking vehicles side by side do not mix. DUH. The FACDL got involved. Lawsuits were threatened. The cops responded by reaching for their handcuffs, and then Nancy Pelosi-like, Judge Sayfie got involved and settled the whole mess for apparently a few boxes of Dunkin Donuts. Drawing on the legal precedent of Korematsu v. US, defense attorneys, as enemies of the state, will be cordoned off. Lot 26 will be segregated to keep the cops away from the counselors. Separate but equal as it were. 
Everyone park and play nice. 

Justice Louis Brandeis:
On this date- January 28, 1916, President Wilson nominated Louis Brandeis to the US Supreme Court. After being confirmed 47-22, on June 1, 1916, Brandeis took his seat as the first Jewish Justice. Brandeis made his mark in first amendment, freedom of speech, and privacy cases. 

In 1932 Benjamin Cardozo was confirmed to the court, and the court had it's second Jewish Justice. Former Attorney General and Supreme Court Justice and noted anti-Semite James Clark McReynolds reacted to Cardozo's appointment by reading the newspaper during the swearing in ceremony and muttering "another one" to himself. And then it got worse when Felix Frankfurter was nominated to the court, which caused Justice McReynolds to exclaim "My God, another Jew on the court!". Previously Justices McReynolds, Pierce Butler and Willis Van Devanter had lobbied the president not to appoint another Jew to the court. 

Justice Brandeis was eulogized by Dean Acheson, his former clerk, and future Secretary of State, who said in 1941 when Brandeis died:  "In a time of moral and intellectual anarchy, he handed on the great tradition of fait in the mind and spirit of man." 

"In a time of moral and intellectual anarchy..." What a powerful phrase.

The more things, change, the more they remain the same. 
Where is our Louis Brandeis in this time of moral and intellectual anarchy? 


2 comments:

Anonymous said...

Very interesting and well written. I had no idea about these historical events.

Anonymous said...

McReynolds was a whack job par excellence. It should be of no surprise that he was appointed by a bigot, Woodrow Wilson.